Page:Federal Reporter, 1st Series, Volume 1.djvu/864

■856 FEDERAL REPORTER. �patent attorney to put his invention into legal shape, to ■whom was entrusted the duty of drawing the clainis. It ia unfortunate that the person thus retained did not more fi^lly get possession of the views of the inventer, and more cor- rectly embody them in the claims of the patent. I can give no construction to them, as they have been formulated, which •will make the defendant liable as an infringer, and the bill of complaint must be dismissed. ���Geeenwood V. Beachee. (Oireuit Court, D. New Jersey. April 20, 1880.) �Patbïnt— Want of Kovblty— Estoppel.— The issuing of a patent does not estop the patentee from proving that the invention claimed therein is not novel, in the absence of bad faith in procuring auch patent. �Bame— iNJimcTioN Kepused — Sectjbitt REquiRED. — In viow of the fact that the complainant does not use his patent as a monopoly, but grants licenses to others to use it, and in view of the further fact that there is Bome doubt on the question of prior use of the alleged improvements, an in junction is withheld in this case, if the defendant will give security for the payment of ail the profits he may derive from the use of the fn- vention and for the damages its use may cause the complainant, pro- vided that the patent should be sustained and an accounting ordered. �Motion for preliminary injunotion. �Oeo. Harding, for complainant. �A. Q. Keashey, for defendant. �Nixon, J. This is an application for aninjunction, asking the court to restrain the defendant from inhinghig, pend ente lite, certain letters patent, numbered 218,220, issued to John Bigelow, August 5, 1879, for improvements in sweat leathers for hats and caps. �The patent is only a few months old, and there has been no adjudication of the question of its validity, but the com- plainant urges that there has been such a want of good faith in the conduct of the defendant that he is justified, at this stage of the proceedings, in applying to the court for a pre- liminary interference. �It appears, from the bill of complaint and the accompany- ��� �