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23 F. 447

Roemer v. Neumann

United States Circuit Court for the Southern District of New York · decided 1885-03-29

<p>Patents for Inventions—'Violation of Injunction—Suit for Infringement.</p> <p>Where a def endent lias infringed a patent after the granting of an injunction in a suit by tlie patentee, the fact that the patentee might, if lie chose, proceed against him for contempt, in violating the injunction awarded in the former suit, will not affect his right to sue for such infringement.</p>

Cited by 1 later decisions — most recently November 1901

1 district ·

2 counsel of record

Good law ✅— No negative treatment on recordhow we know

Decided 1885-03-29

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¶1Patents for Inventions—'Violation of Injunction—Suit for Infringement.

¶2Where a def endent lias infringed a patent after the granting of an injunction in a suit by tlie patentee, the fact that the patentee might, if lie chose, proceed against him for contempt, in violating the injunction awarded in the former suit, will not affect his right to sue for such infringement.

¶3In Equity.

¶4Briesen & Steele, for complainants.

¶5Betts, Atterbury & Betts, for defendant.

¶6Wallace, J.

¶7The infringement of complainant’s patent by the defendants, since the interlocutory decree in the suit between the samo parties in the district of New Jersey,1 creates a how cause of action *448in favor of complainant, and lie can proceed at law or in equity to enforce it. His right to do this is not impaired by the circumstance that he can also, if he chooses, proceed against defendants for contempt in violating the injunction awarded him by the decree in the former suit. The plea of another suit pending is bad.

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