Page:Federal Reporter, 1st Series, Volume 3.djvu/102

 8CHKEIDEB V. TEILIi. 95- �Schneider ». Thill. {Cireuit Oowt, B. D. New Fork. June 16, 1880.) 1. Patent — Pbaotiob — Reabgumbnt. �C. H. Watson and George Gifford, for plaintiff. �E. H. Broicn and /. J. AUen, for defendant. �Bbnedict, D. J. This action was brought to establîsh tbô validity of a patent re-issued to the plaintiff as the assignee of Cari Volti, and numbered re-issue 7,511, and also of a patent issued to the plaintiff as assignee of Homer Broobe, on the t-wenty-ninth of May, 1877, and numbered 191,224. The cause proceeded regularly to a hearing upon pleadings and proofs, and, having been argued in behalf of the respect- ive parties, is now before the court for its decision upon the merits. In this stage of the case the defendant applies for permission to take further proofs and to reargue the case. �While technically and legally the application is made by the defendant, and the defendant, to some estent, at least, bas a substantial interest in the determination of the cause, it is plain to be seen that the reason why this application is made is net because of defendant's interest in the resuit, but because of the effeet upon the interests of a third party in cer- tain other patents, whieh such party has come to believe may be produced by a determination of this cause in favor of the plaintiff. This circumstanee would be no reason for refusing the defendant's application, if it were matter of right ; but this is an application for a favor, and is strongly opposed by the plaintiff. I confess that it is net easy to see how the plaintiff can desire to see the decision in this case to be made upon a part of the evidence material to the issue, inasmuch as the very fact that evidence affecting the issue was not be- fore the court must deprive the decision of any value which it might otherwise have as a ground upon which to apply for preliminary injunction in other suits. Nor is it easy to see how any serious resuit to any person not a party to this suit can arise from a decision in this case, if the testimony now ����