105 F. 959 | U.S. Circuit Court for the District of Western Pennsylvania | 1898
The complainant, the Sprague Electric Eailway & Motor Company, moves for a preliminary injunction against the Steel Motor Company to enjoin infringement of claims 2 and 6 of letters patent No. 32,4,892, issued August 25, 1885, to Frank J. Sprague for an electric railway motor. These claims were adjudged valid by the circuit court of the Second circuit, and its decree affirmed on appeal. The validity of the patent having been sustained, an injunction must issue, as the respondent company concedes that Exhibits Nos. 1, 2, 3, 5, 6, and 7 infringe the second claim. As to the sixth daim, respondent alleges that the present proofs fail to show in said exhibits the use of all the elements of said daim. We will not pass on that question, as the complainant asks leave to withdraw so much of its motion as seeks for an injunction based on infringement of said claim. Such leave will be given, without prejudice to complainant’s right to aver and maintain such charge of infringement hereafter.
The foregoing enjoined types are what are known as "nose-suspended motors.” The respondent manufactures motors with sidebar suspensions, and has produced plans and models of two such, known as Nos. 4 and 8, respectively, has submitted them to the inspection of the court and parties, and has urged the court on this present motion to pass on the question whether they infringe. Counsel for respondent allege that complainant’s moving papers charge that respondent infringes in the manufacture and sale of said side-suspended