65 F. 612 | U.S. Circuit Court for the District of Southern New York | 1894
Judge. As to the lamps of the Sawyer-Man pattern, I do not think disobedience of the order is sufficiently made out. Defendants seem to have made an honest effort to remove the offending lamps, and if, through the oversight of their employes, á few were still left, that fact, though technically a disobedience, is so unsubstantial in extent that attachment ought not to issue.
As to the other lamps: The injunction forbade the use by defendants of "any incandescent lamps made in accordance with or embodying or containing the invention described and claimed in said letters patent, and particularly pointed out in claim 2 thereof; the combination of carbon filaments, with a receiver made entirely.
As indicated upon the oral argument, defendants may have 10 days’ further time in which to file additional affidavits tending to show a sale such as would take these lamps out of the monopoly. Failing that, complainants may take an order.