Cincinnati Galvanizing Co. v. Marquette Tool & Mfg. Co.

PAGE, Circuit Judge.

Plaintiff’s (appellant’s) suit, charging infringement of Heisel patent No. 1,486,746, for power press, was dismissed for want of equity. The allegation of the bill is that defendant “used and caused to be used,” and “threatens to continue the use of,” the infringing device. Upon the trial, plaintiff limited its claim as follows:

“We are here before your honor purely on a complaint that they [defendant] are aiding and abetting others, urging others, to infringe our patent; they are contributory infringers. * * * What we object to is their advertising in their- catalogue that…