Page:Federal Reporter, 1st Series, Volume 3.djvu/340

 PLIMPTON V. WINSLOW. 333 �PliIMPTCai ». WlNSLOW^ [Gvreuit Court, D. Massachusetts. July 31, 1880. j �1, Patent No. 55,901 — Imphovements m Paklob Bkates — Pbiob �Patent. — Patent Ko. 55,901, granted James L. Plimpton for im- provements in parler skates, is not rendered void by a prier patent for parler skates containing the same underlying principle, where th6 differences in construction appeared on inspection, and on evidence as te the state of the art, to be patentable improvements. �2. Same — Same — Infeingbment — iNJtmcTiON.— A preliminary injunc- �tion will be îssued to restrain the infringement ef such patent, although the original patent has expired and such subsequent patent bas never been sustained on final hearing, where it clearly appears that that patent has been intentionally infringed under a patent pro- cured fer the purpese, where the remedy is important to the plaintifE, and no reason is shown, arising out of the situation of the defendant, why the injunction should not be granted. �In Equity. Motion for injunction, pendente lite. �Thomas W. Clarke, for complainant. �John L, S. Roherts, for defendant. �LowELL, G. J. The complainant, James L. Plimpton, obtained, in 1863, a patent for parler skates, or skates on roUers, -which is admitted to be the first in time. and to have embodied a principle which is necess'ary to the successful operation of ail such skates. That patent has expired. The same inventer obtained, in 1866, the patent No. 55,901, now in suit, which, while it has the underlying principle of the patent of 1863, is maintained by the complainant to be a very great improvement upon the original structure^ — -so great as to have been neeessary to the successful practical use ot the invention. This patent has been once sustained in this country, though not on a final hearing. �The complainant caused a patent to be taken out in Eng- land, which deseribed his skate of 1866 as the best form of embodying his invention, and which made a broad claim to the invention of skates with rollers which cramped or tumed 80 as to enable the skater to make curved lines without rais- ing the rollers from the floor. This patent was repeatedly sustained in England, by verdict and deoree, against varions ����