110 F. 646 | U.S. Circuit Court for the District of Eastern New York | 1901
After an extended and expensive litigation in this and other courts, it has been determined that the complainants were entitled to enjoin others from infringing certain letters patent. Before the entry of such decree in this court the de-' fendants made application to reopen the case upon the ground that a certain patent issued by the government of Austria was an anticipation of the complainants’ main invention. The existence of such Austrian patent seems to have been absolutely unknown and without influence upon the complainants’ alleged invention, and, notwithstanding most earnest and extended investigation by the defendants 'and persons acting in their behalf, the existence of such patent was not discovered until shortly before the present motion. The defendants ask that they may be allowed to set up and use such patent to