69 F. 837 | U.S. Circuit Court for the District of New Jersey | 1895
This suit is upon patent to John E. Atwood, No. 253,572, dated February 14,1882, for “support for spindles for spinning machines.” The claims involved are as follows:
“(3) The combination, substantially as hereinbefore described, of a spindle rail of.' a spinning machine, a spindle, and a supporting tube flexibly mounted with relalion to the spindle rail, and containing step and bolster bearings. (1) Tho combination, substantially as hereinbefore described, of a spindle rail, a spindle, a supporting tube containing step and bolster bearings, flexible connections between said tube and the spindle rail, and adjusting devices for varying tho degree of flexibility of the supporting tube and spindle therein. (5) The combination, of the spindle rail, the spindle, the supporting tube, loosely mounted with relation to the rail, and containing the step and bolster bearings for the spindle, the spring, and the nut for compressing it, substantially as described.”
The defendants insist that the complainants are chargeable with laches, and that, therefore, “an injunction ought not to be granted, even on final hearing,—at least, until the coming in of the master’s report.” When the case was before the court on motion for preliminary injunction (56 Fed. 110), the same point was made, but I then, upon full consideration, reached a conclusion adverse to the defendants. The decision upon that motioii was made on June 6, 1893, and thus, without further application or appeal, the matter has rested,‘until now, upon hearing on pleadings and proofs, the court is asked to refrain from granting a perpetual injunction pending any reference that may be ordered. But if the opinion which I formed on the motion for an interlocutory injunction was then rightly con
Infringement is not denied, except upon the theory that, “if the patent in suit is sustained a.t all, it must be confined to the precise form described and shown in the specifications and drawings.” I am unable to adopt this theory. It is, in my opinion, not well founded, and it conflicts with the adjudications upon this patent to which I am about to refer. That the difference between the patented combination and that used by the defendants is formal, merely, and not substantial, is plainly obvious, and, indeed, seems to be admitted. I accordingly hold that infringement has been established.
The defense more strenuously urged is stated in the defendants’ brief under three heads. It is that the claims in controversy are invalid (1) for lack of invention, as distinguished from mechanical skill; (2) for lack of novelty; and (3) because they are inoperative. Bui, except to the extent hereafter to be mentioned, the question of validity cannot now be regarded as an open one. This patent has been several times energetically attacked, and, upon full consideration, has uniformly been sustained. Sawyer Spindle Co. v. W. G. & A. R. Morrison Co., 52 Fed. 590, 54 Fed. 693, and 57 Fed. 653; Same v. Turner, 55 Fed. 979. In the absence of any adjudication of the matter by a court of review, a court of first instance should not, I think, enter upon an independent consideration of this subject, but should follow the decisions to which I have referred, unless satisfied that additional evidence has been submitted (o it, which, if it had been adduced in the former suits, would probably have there led to a different result. In disposing, upon final hearing, of the case of Manufacturing Co. v. Deisler, 46 Fed. 854, Judge Butler, with the concurrence of Judge Acheson, acted upon the rule to which I have alluded, and this action was subsequently approved by the court of appeals for this circuit. Wanamaker v. Manufacturing Co., 3 C. C. A. 675, 53 Fed. 791. See, also, Office Specialty Manuf’g Co. v. Winternight & Cornyn Manuf’g Co., 67 Fed. 928. The only evidence now presented which wTas not before Judge Shipman when lie last considered and sustained this patent is the Phillipp Cramer patent, No. 144,319, of November 4, 1873, and the testimony relating thereto; and I am con