19 F. 420 | U.S. Circuit Court for the District of Massachusetts | 1884
This suit is brought upon the much-litigated reissued patent, as both counsel have called it, granted to the plaintiff-for driven wells, May 9, 1871, No. 4,372. The validity of the patent is not denied. The sum in dispute being small, it is made a question whether the plaintiff should not be remitted to his action at law. The evidence tends to show a technical right to an injunction, and a claim for some profits; and I do not conceive that I have a right, under these circumstances, to dismiss the suit, though, as to the costs, I will hear the parties. The usual license fee for a well for domestic uses is $ 10, and for one for supplying water for steam-en
As to the point of laches, so ably argued by the defendant’s counsel. This suit was brought in 1879, and the complainant’s patent having been and being still severely litigated, be could not be bound to proceed against all supposed infringers, until at least the first decree in his favor, which was made by Judge Benedict in 1876, (Colgate v. Gold & Stock Tel. Co. 4 Ban. & A. 415;) and between that date and 1879 he had, 1 do not doubt, a great deal of information to obtain as to the facts of the numerous infringements.
I shall make an interlocutory decree for the plaintiff; but neither refer the case to a master, nor settle the costs, until the parties have had further opportunity to adjust their differences without more expense.