Birdsell v. Hagerstown Agr. Imp. Manuf'g Co.

3 F. Cas. 450, 1 Hughes 64

• Court: U.S. Circuit Court for the District of Maryland
• Decided: March 15, 1877
• Status: Published

Opinion

The following was the decree entered by the court:

BOND, Circuit Judge.

This cause coming on, etc., on petition of defendant for injunction against complainant, to restrain him from prosecuting or threatening to do so, suits against any vendee of defendant for use or sale of clover hullers made by defendant, and sold by them, and it appearing to court that complainant has threatened to bring such suits, while suit is pending by him in this court against defendants,. the manufacturers, the' court doth order that complainant be restrained from commencing prosecution, or threatening so to do, any suit against any vendee of defendants, for an alleged infringement of the letters patent involved in this case, and on which this case is brought, based on any user or sale by said vendee of any clover machine purchased of defendants. Provided, defendants within thirty days file a bond in the sum of $5000, with security to be approved by the court, for payment of any damages that may be adjudged against defendants in this suit, and shall also file a sworn monthly statement of the number of clover machines hereafter made and sold by them.

Both judges concurred in this.