Paxton v. Brinton

DALLAS, Circuit Judge.

Upon full consideration of the facts and of the arguments of counsel, and especially of the brief submitted on behalf of the defendants and the authorities cited therein, I find it impossible to wholly absolve the defendants from the charge of contempt which the plaintiffs have preferred against them. It has been contended that, even if, in selling “pickers No. 3,” the defendants infringed the patent sued on, yet the infringement was not an obvious one, and that, therefore, and by reason of the fact that they proceeded under the advice of counsel, their consequent…