Page:Federal Reporter, 1st Series, Volume 5.djvu/533

 HAiES D. LETON. 521 �Hayes, V. Leton. �{Oireuit Ccmrt, B. D. Mw York. January 22, 18&1.) �1. Suit on Patent— Abandonment of Defence— Effect of Dkchbe. A decree in favor of the plaintifE, in a suit founded on a patent, which was reached because the defendants abandoned the defence of the suit and allowed the decree to he entered without objection aiid ■withoiit a hearing bef ore the court, is not gulficient ground u|>pn which to grant a preliminary injunction in a subsequeuit suit in another district and against other parties, founded on the same pat- ent. A decree obtained under such circumstances can have no greater eSect than to show an acquiescence in the plaintiS's claim of right by the parties to the former suit. r �In Equity. �J. H. Whitelegge, for plaintiff. �G. G. Frelinghuysen, for defendant. �Benedict, D. 3. This cause comea before the court upon a motion for a preliminary injunction to restrain the defend- ant, during the pendency of this suit, from making a certain form of skylight, which the plaintiff insista the defendant is now making, and which the plaintiff claims to be an infringe- ment upon certain patenta owned by the plaintiff and form- ing the basis of this suit. The ground upon which the application rests is that the acts of infringement are not denied in the answer, and that the validity of the plaintiff's patents has been upheld by a final decree rendered by the circuit court of the United States for the southern district of New York, in an action there brought by this same plaintiff upon these same patents against August Erickson and John H. Gibson. �The defendant insista that the acts of infringement are denied by the answer, and that the decree upon which the plaintiff relies was the resuit of collusion or agreement be- tween the parties, and does not justify an assumption, upon a motion like the present, that the patents sued on are valid.. Passing the question aa to the construction to be put upon the answer, it is aufficient for this occasion to say that the circumstances under which the decree of the circuit court for ����