214 F. 99 | 9th Cir. | 1914
This is a suit for an injunction based upon the judgment entered in the court below in the action at law between the same parties. In the bill for injunction it was alleged that since the rendition of the judgment in the action at law, the defendant, without the consent of the plaintiff, had continued to use and sell horns for phonographs containing and embracing the invention described, claimed and patented in and by the letters patent issued to Nielsen, and that unless the defendant was restrained by the court from using and selling such horns, the plaintiff would suffer great and irreparable injury, for which it had no plain, speedy, and adequate remedy at law. These allegations of the bill, which were supported by affidavits filed on behalf of the plaintiff, were denied in the answer, and in the affidavits filed in support thereof, by the defendant. A wijit of injunction was granted by the court below, pursuant to the prayfer of the bill, commanding and enjoining the defendant from making, selling, offering for sale or using any horn for phonographs containing and embodying the invention described in claims 2 and 3 of the letters patent, No. 771,441, issued to Nielsen by the United States of America.
The decree of the court below is affirmed.