Page:Federal Reporter, 1st Series, Volume 7.djvu/881

 DNITED STATES STAMPING 00. V. JBWBTT. 869 �for infringement, against Jewett & Sons, in the northern district of New York, it bas been decided by Judge Wallace that the decision in the New Jersey case cannot avail Jewett & Sons as a plea of reg adjudicata or estoppel. That decision must control on that question, at this stage of this case. �The questions on which this motion turns are questions of law as to the construction of the Heath specification and as to the patentability of the invention. Tbere is no disputed ques- tion of fact to be elucidated by the taking of plenary proof for final hearing. �The technical point is made that the only infringement shown is the sale by the defendants of two cuspidors prior to the assignment of the patent to the plaintifi. This is so. But the case bas been argued, on the part of the defendants, on the assumption that such sale took place after the assign- ment to the plaintifi, which was March 4, 1879, and the date of the jurat to the bill, which was March 5 1879, and on the assumption that the defendants have continued to sell the infringing cuspidors. �I have examined this case with care, and the more because of the views expressed by my brother Nixon, and have arrived at the undoubting conviction that the plaintiff is entitled to an injunction, It is, therefore, granted. ���Uniteb States Stamping Co. v. Jbwbtt, President, etc. �(Gircuit Court, W. D. New York. November 29, 1880.) �1. Patekt No. 119,705— Cuspidors — VALiDiTr— Infbingement. �Letters patent No. 119,705, granted October 10, 1871, to Eugene A. Heath, for a metallic cuspidor in form essentially a spheroidal body, with conical mouth flaring outwards, formed of three metallic parta, the lower being heavier, and the middle and upper being lighter, than in then-existing devices, the lower part extending up to the longest diameter of the spheriod, the middle part of a dome shape, and joined to the iipper and lower parts, the upper part being an in- verted cone, forming a mouth, the whole not being liable to fracture, and having the capacity of returning to an upright position of itself, from a position not upright, when left free, held mlid and irtfringed. ��� �