Georgia Pine Turpentine Co. v. Bilfinger

Citations

• 129 F. 131
• 1904 U.S. App. LEXIS 4736

Syllabus

<p>1. Patents — StriT fob Infringement — Right of Complainant to Dismiss.</p> <p>Complainant, in a suit for infringement of a patent, who obtained a preliminary injunction, will not be permitted to dismiss without prejudice after all the proofs have been taken, which show that the charge of infringement was wholly unfounded. In such case the defendant is entitled to a decree adjudicating the questions at issue on the merits.</p> <p>2. Same — Infringement—Apparatus and Process for Wood Distillation.</p> <p>The Bilfinger patents, No. 058,888, for a wood-distilling apparatus, and No. 074,491, for a process of distilling wood for the manufacture of charcoal and the saving of by-products, to be carried on by the use of such apparatus, construed, and held not infringed.</p> <p>i 1. See Patents, vol. 38, Cent. Dig. § 551.</p>