118 F. 852 | U.S. Circuit Court for the District of Southern New York | 1902
The defendant with entire propriety refrained from arguing the question of construction of the patent and of infringement. The same questions are now before the court of appeals in this circuit. By so doing, however, it has not waived any of the points presented by the pleadings and papers.
As to the question of jurisdiction, the only controversy is whether or not an infringing device was sold in the city of New York by the.
There is no force in the suggestion that the sale was made to a purchaser who bought in the interest of complainants, in order to secure proof of infringement. We are not now dealing with any question of damages, but with the mere fact of sale of a device made in conformity to the patent. The sale of such a device is an act of infringement, although it may be made under such circumstances that complainants cannot recover damages for it.
Motion for preliminary injunction is granted.