Adam v. Folger

Citations

• 120 F. 260
• 56 C.C.A. 540
• 1903 U.S. App. LEXIS 4491

Syllabus

<p>1. Patents — Preliminary Injunction against Infringement — Acquiescence in Validity.</p> <p>It is within the discretion of the court to grant a preliminary injunction against infringement of an unadjudicated patent, where the defendant has for three years been making and selling the patented article under a license from the patentee, which was then terminated by the latter, although the patent was not issued until near the close of such time, and where defendant since the cancellation of the license has been marking the articles sold by him as made under such patent.</p> <p>2. Same — Infringement—Changing Location of Parts.</p> <p>While a patent for a combination is not infringed if any one of the elements of the combination is omitted, a change in the form or the location or sequence of the elements will not avoid infringement where they are all employed to perform the same functions, unless form, location or sequence is essential to the result or to the novelty of the claim.</p> <p>8. Same — Name of Patented Article — License to Use.</p> <p>A patentee, who has adopted a name to denote and identify the patented article, may license the use of the name in connection with the right to manufacture and sell the article, and the licensee has no right, after the expiration of the license, to continue the use of the name in connection with a different and competing article.</p> <p>4. Same — Validity and Infringement — Water Heater.</p> <p>The Folger patent, No. 680,769, for a water heater, claim 5, held valid and infringed on appeal from an order granting a preliminary injunction.</p> <p>5. Same — Suit in Equity — Multifariousness of Bill.</p> <p>A bill which seeks to enjoin an unauthorized person from using a patented article, and also from using the generic name of that article, is not multifarious.</p> <p>¶ 5. Pleading in infringement suits, see note to Caldwell v. Powell, 19 C. C. A. 595.</p>