Page:Federal Reporter, 1st Series, Volume 7.djvu/364

 352 FEDBBAL BEPOBTEB. �for the same inventions were issued to Priscilla W. Page, administratrix of C. G. Page, assignor of half lier right tp the Western Union Telegraph Company, and marked re-iasue No. 4,588. �Afterwards, on the second day of July, 1877, the Gamewell Pire-Alarm Telegraph Company heeame by mesne assignment the owners and holders of the exclusive right and license to make and use, and to sell to others to use, all or any of the inventions described and claimed in said letters patent, "for the following purposes and no others; that is to say, for the purpose of constructing and operating telegraph wires and instru- ments within the corporate limits of any of the incorporated cities or villages in any of the statea and territories of the United States, when said telegraph lines and instruments are used solely by the municipal authorities of the city, village, or other municipality where the same are erected for flre-alarms, or the transmission of police or other municipal intelligence." �The second patent was issued to J. N. Gamewell, dated April 11, 1871, No. 113,649, for a new and useful improvement in flre-alarm telegraph apparatus. �Afterwards, by mesne assignment, the Gamewell Fire-Alarm Telegraph Company became sole owner of said letters patent. These letters patent were re-issued to the Gamewell Fire-Alarm Telegraph Company, bearing date September 9, 1879, and numbered 8,891 �The third patent was issued to Moses G. Crane and Edwin Rogers, July 6, 1869, No. 92,275, for a new and useful improvement in automatic sig- nal boxes for flre-alarm telegrapha. The Gamewell Fire-Alarm Telegraph Company, by mesne assignment, oecame sole owner of said letters patent. These letters patent were re-issued to the Gamewell Fire-Alarm Telegraph Company, and marked re-issue No. 4,513, dated August 15, 1871, These re-issued letters patent, No. 4,513, were surrendered, and other letters patent were issued to the Gatnewell Fire-Alarm Telegraph Company, and marked re-issue No. 8,896, and dated sixteenth day of September, 1879. �The bill shows that the Gamewell Fire-Alarm Company is the sole owner of re-issued letters patent No. 8,891, and No. 8,896, and the exclu- sive owner of re-issue No. 4,588, for a limited but definite purpose, viz, : the constructing of flre-alarm telegraph apparatus. �The bill alleges that the defendants, in violation of the rights of the Gamewell Fire-Alarm Telegraph Company, and in infringement of the aforesaid re-issued letters patent Nos. 8,891 and 8,896 and 4,588, unlawfully and wrongfully and in defiance of the rights of the Game- well Fire-Alarm Telegraph Company, make, construct, use, and vend to others to be used, the said inventions, and did make, construct, use, and vend to others to be used, flre-alarm telegraph apparatus made ac- cording to and employing and containing said inventions, and that it continues so to do, and that it is threatenmg to use the aforesaid infring- ing apparatus in large quantities. �The bill further alleges that defendant has used and is using large quantities of said flre-alarm apparatus, and prays a discovery thereof. �The bill prays that the " defendant, the city of Chillicothe, its ofiacers, servants, agents, attorneys, and workmen, and each and every of them, ��� �