Page:Federal Reporter, 1st Series, Volume 7.djvu/480

 468 FEDERAL REFOBTEB. �De Vee Waenee v. Babsett and another. �(Oircuit Court, B. Oonneeticut. April 5, 1881.) 1. Patekt No. 197,913— Impbovembnt in Coksbts— Motion for Pkb- �MMINABT InJUNCTION — CONSENT DecBBE NO FOUNDATION. �A decree by consent in one circuit is net such an adjudication of a patent as will lay the foundation for a preliminary injunction in another circuit. �Munson e Philipp, for plaintiff. �Wooster e Torrance, for defendants. �Shipman, D. J. This is a motion for a preliminary injonc- tion to restrain the defendants from the alleged infringement of two- letters patent, each issued to the plaintiff for an im- provement in corsets. The first patent was issmed April 10, 1877, was surrendered, and was re-issued March 5j- i878j' beiug No. 8,114. The other patent was issued Decembei^e, 1877; and iS' No. 197,913. No adjudication has overbeen' had in regard' to re-issue No. 8,114; aiAisucliian,'exhibit was shrf^'n upon the' hearing that the plaintiff 'did noiask for a preliminary injunction under this patent. 'On Or about De-' cember 29, 1879, the plaintiff filed his bill of oomplaint in the United States circuit court for the ■ eastem' district oi Michigan against the Detroit Skirt 'ife Corset Company; < alleging the infringement of both patents. About January^ 10, 1880, a motion for preliminary injunction was tried, and,; af ter a hearing, a temporary injunction was graated to restrain the: defendants from the infringement of 'No, 197,913, A reheai-ing was allowed on motion of the defendants, and the injunction was again ordered to issue. A settlement was afterwards made, and a consent decree was entered against the defendants. �This is not such an adjudication upon the patent as, in my opinion, should lay the foundation for a preliminary injunction in another circuit. It was a hearing upon affida- vits, and although the learned court came to a deliberate conclusion, which was adhered to upon re-examination, the ��� �