Diamond Drill & Mach. Co. v. Kelley Bros. & Spielman

Citations

• 130 F. 893
• 1904 U.S. App. LEXIS 4851

Syllabus

<p>1. Patents — Violation of Injunction against Infringement.</p> <p>Complainant owned a patent for a coil clasp for fastening belts, and also one for a machine for making and inserting the coils. Defendants made and sold coil clasps which were adjudged to infringe complainant’s patent, and they were enjoined from further infringement. They also made and sold a machine for inserting the coils, which was adjudged not to infringe complainant’s patent. After service of the injunction, defendants having obtained the opinion of counsel that' it would not be a violation thereof to direct their customers to others 'who would supply the coils, their foreman induced a third person to go into the business; and he was given a coil-making machine, and a quantity of wire from defendants’ shop, and also furnished with a list of customers to whom defendants had sold machines, and to whom he sent circulars stating that he had taken over the supply business of defendants, and he thereafter filled orders from all customers for the infringing coils. It was also admitted by one of the defendants in his testimony that they had given coils to such party for the purpose of enabling him to sell them to owners of their machines, and that in some Instances they had directed them to him. Held, that defendants were directly responsible for his infringement, and were guilty of contempt for a violation of the injunction.</p> <p>2. Same — Defenses.</p> <p>Where defendants were enjoined as individuals from infringement of a patent, they cannot avoid individual liability for a violation of the injunction by organizing a corporation which commits the acts of infringement.</p>