United States Envelope Co. v. Transo Paper Co.

Citations

• 221 F. 79
• 1915 U.S. Dist. LEXIS 1577

Syllabus

<p>1. Judgment ©=>701—Persons Concluded—Suit for Infringement of Patent.</p> <p>Where the president of a corporation, who was also owner of substantially all of its stock, actually conducted the defense to a suit for infringement against the corporation, and had full knowledge of all proceedings, he is fully hound by the decree therein.</p> <p>[Ed. Note.—For other cases, see Judgment, Cent. Dig. § 1226; Dec. Dig. ©=>701.]</p> <p>2. Patents ©=>326—Suit for Infringement—Violation of Injunction. -</p> <p>Substantially all of the stock of a manufacturing company, and of a storage and sales company which acted as its agent, was owned by the president, who was also the manager of both corporations. After the granting and' service of both preliminary and permanent injunctions against the manufacturing company in an infringement suit, it transferred infringing articles of the identical kind involved in the suit to the sales company, which finished, stored, and negotiated sales of the same; the sales being in fact made by and for the benefit of the manufacturing company. Held, on the evidence, that such transactions were deliberately intended to evade the injunctions, and rendered the manufacturing company and its president liable for contempt.</p> <p>[Ed. Note.—For other cases, see Patents, Cent. Dig. §§ 613-619; Dec. Dig. ©=>326.]</p> <p>3. Patents ©=>326 — Infringement — Violation of Injunction — Disposition of Fine.</p> <p>In proceedings to punish for contempt for violation of an injunction in an infringement suit, it is within the power of the court to direct the payment of a part or of all of the fine imposed to the complainant as compensation for his time and outlay in prosecuting the application.</p> <p>LEd. Note.—For other cases, see Patents, Cent. Dig. f}§ 613-619; Dec. Dig. ©=>326.]</p> <p>^E5>3Tor other cases see topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p>