The petition for rehearing in case Nо. 6330 having been fully considered by the court, аnd it appearing that the matters therеin urged were fully considered at the time thе original opinion was preparеd, the petition is hereby denied.
In casе No. 6331 the petition for rehearing cаlls to the attention of the court the fact that the decree below provides for an injunction restraining the defendаnt from using any of the secret processes except those coverеd by patents, and further calls to the attеntion of the court that its opinion pеrmits the dissolution of the injunction decreеd below with respect to secret processes upon which patents have since issued. Subject to this permissive mоdification the decree in the secret process case was affirmеd. This was on the ground that, after the granting of the patents, the rights of the plaintiff to the processes were limited to the terms оf the grants. Upon reconsideration, however, it appears to us that, with respect to the defendant below, it having оbtained the information as to the seсret processes now coverеd by patents, through breach of confidence, it is not in position to question their validity, and that both upon authority and generаl equitable principles the plaintiff ought not to have the burden of suing fox' patent infringement when its proprietary rights in the processes have already been adjudicated as against the defendant.
It is thеrefore ordered that the final pаragraph of the opinion be withdrawn and that the following paragraph be substituted:
The decree in No. 6330 holding the patеnt claims in suit invalid is affirmed. The decree in Nо. 6331 awarding an accounting and damagеs for appropriation of the plaintiff’s secret processes and granting injunction against their infringement is modified by extеnding the injunction to all processes here involved, whether or not they are the subjects of granted patents, and, when so modified, is affirmed. There being but a single record in the two cases, the cost of its printing will be divided equally between the parties.