4 F. 148 | U.S. Circuit Court for the District of Eastern New York | 1880
This case comes before the court upon a motion for a preliminary injunction to restrain the defendant from making and selling certain forms of lemon squeezers, upon the ground that they infringe upon a patent for an improvement in lemon squeezers issued to Josephine P. Fanning'and Isaac Williams, as assignees of the defendant John Fanning, dated July 15, 1879, and numbered 217,519.
The plaintiff’s patent was originally issued upon the application of the defendant and his oath that he believed himself to be the original and first inventor of the improvement described in the patent issued in accordance with such application. Subsequently Josephine P. Fanning assigned her one-half interest in the patent to the plaintiff. Thereafter Isaac Williams assigned to the plaintiff the undivided third part of his interest in the patent. Williams, having refused to join as complainant in the bill, has been made a defendant ; but John Fanning alone is charged with having infringed the patent.
There -is no controversy in regard to the description of the machines which the defendant John Fanning is making. They are in two forms, each form precisely similar to the machine described in the plaintiff’s patent, with the single exception that the perforated bed, on which the lemon is placed when subjected to the action of the presser, is in one case slightly
The motion for injunction is therefore granted.