Page:Federal Reporter, 1st Series, Volume 1.djvu/869

 GBEBNWOOD V. EBACHEE. 861 �were made by me, or at the factory of Mr. Prentîce, during the time I was there prior to 1878; nor were those elements — ^leather band, spring reed, aud attaohing slip of oil silk, or other water-proof material — ever combined or used by me, or any one at the factory, as a hat sweat, prior to that time." �It is not necessary for me to indicate now which of these opposite statements I believe; but, in view.of the value that both the complainant and defendant attach to the alleged invention, it is quite as probable that the memory of the wit- ness has failed him as to the precise character of the hat sweats made and sold nearly a quarter of a century ago, as that such an important invention should have been abandoned by the world after " s many as 70 dozen per day had been manufactured for a period of two or three years. �But it is hardly necessary to pursue the matter further. Enough bas been said to indicate the inclination of my mind to grant a preliminary injunction. �But the case is a peculiar one, and I should be sorry to do any injustice to the defendant in consequence of the unfavor- able impression which his conduct has made. In view of the fact that the complainant does not use his patent as a monop- oly, but grants licenses to others to use it, and in view of the further fact that there is some doubt on the question of prior useof the alleged improvements, the injunction will be with- held, if the defendant will give seeurity for the payment of ail the profits he may derive from the use of the invention, and for the damages its use may cause the complainant, provided that the patent shall be sustained and an accounting ordered. �Let an injunction, therefore, issue, unless the defendant, within 10 days after notice of the order, shall give bond, with BufËcient seeurity, to be approved by the clerk of the court, conditioned to keep an accoant of ail the hat sweats manu- factured and Bold, and to file such account under oath, once in three months, in the clerk's office of this court and to pay the amount of any final decree in this case. The penalty of the bond to be $20,000; or, if that sum be regarded as too large or too small, in such other amount as the court shall order after hearing the parties. ��� �