National Enameling Co. v. New England Enameling Co.

Citations

• 123 F. 436
• 1903 U.S. App. LEXIS 4915

Syllabus

<p>1. Patents—Suit for Infringement—Preliminary Injunction.</p> <p>Prior adjudications sustaining a patent, but which were entered by consent as the result of settlements between the parties, and in which the questions of the validity and scope of the patent were not considered by the court, are not sufficient as the basis for the granting of a preliminary injunction in a subsequent suit against another alleged infringer.</p> <p>2. Same—Enameled Ware.</p> <p>The construction and scope of the Claus patent, No. 527,361, for enameled metal ware, held subject to so much uncertainty, in view of the limitations imposed by the file wrapper, that they could not be properly determined on a motion for a preliminary injunction, and such motion therefore denied, on condition that defendant give a bond to account for subsequent infringements.</p> <p>¶ 1. See Patents, vol. 38, Cent Dig. §§ 482, 484.</p>