Goshen Mfg. Co. v. Myers Mfg. Co., 242 U.S. 202 (1916)

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Goshen Manufacturing Company v.

Hubert A. Myers Manufacturing Co.
No. 60

Argued November 1, 2, 1916
Decided December 11, 1916
242 U.S. 202

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE SEVENTH CIRCUIT

Syllabus

When patent rights have been infringed and sound reason exists for believing that the infringement may be resumed in the future, the case is remediable in equity by an injunction, with an accounting for past profits.

Evidence to the effect that defendant company, as a result of plaintiff’s published claim of infringement, became financially embarrassed, decided to cease manufacturing the device in question, sold all its property (except its patent), and went out of business six months before this suit was begun held insufficient to remove the menace of future injury arising from the facts that defendant retained the junior patent under which the alleged infringements were practiced and justified, did not disclaim intention to proceed under it, denied infringement, put in issue plaintiff’s patent and title, and, shortly before this bill was filed, brought an action for damages based on the published notice of infringement, averring that it was still in the business of manufacturing the articles in question.

215 F. 594 reversed.

The case is stated in the opinion.