PATENTS - OPTION OF THE COURT TO PERMIT CONTEMPT PROCEEDINGS OR TO REQUIRE A NEW SUIT

Authors

Abstract

A final injunction was issued by the federal district court of Massachusetts against A, a Michigan corporation. The terms of the injunction were that A should not make, use, or sell lasts, or any colorable imitation thereof, embodying the invention covered by certain enumerated claims belonging to the present complainant. In a subsequent term of court the complainant alleged a violation of the injunction and brought contempt proceedings against A in the district court. The alleged infringement consisted in the manufacture and sale of a device which was slightly changed in form from that which the defendant had made prior to the injunction. This new device the defendant had patented. The district court fined A for contempt. Upon review by the circuit court of appeals it was held, that it lies within the discretion of the court to fine for contempt or to direct the complainant to file a new bill in equity against A. Krentler-Arnold Hinge Last Co. v. Leman (C. C. A. Mass. 1931) 50 F.(2d)"699. (Reversed on other grounds (U.S. Feb. 15, 1932) Adv. Op. No. 332.)

Recommended Citation

PATENTS - OPTION OF THE COURT TO PERMIT CONTEMPT PROCEEDINGS OR TO REQUIRE A NEW SUIT, 30 Mich. L. Rev. 976 (1932).
Available at: https://repository.law.umich.edu/mlr/vol30/iss6/26