Overview
Case summary
National Meter Co. sued the City of Poughkeepsie for patent infringement, seeking a preliminary injunction to stop the city from using disks that infringed its patent. The disks were purchased from a manufacturer against whom the validity of the patent and the infringing character of the disks had been conclusively established in a prior Third Circuit Court of Appeals decision, which was final as no certiorari was allowed to the Supreme Court. The defendant argued it would take time and trouble to locate and remove the disks, but the court rejected this defense, holding that such risk is inherent for users of infringing articles and that the defendant had protected itself with a guaranty from the manufacturer. The court granted the preliminary injunction, ordering removal within 60 days to accommodate public convenience.
Abstract
Plaintiff sued defendant for patent infringement based on use of disks purchased from a manufacturer, where a prior appellate decision conclusively established the patent's validity and the disks' infringing nature. Defendant's argument that removal would require significant time and trouble was rejected, as such risks are inherent for users of infringing articles and defendant had a guaranty from the manufacturer. The court granted a preliminary injunction, ordering cessation of use and removal of the disks within 60 days to balance public convenience.
Opinion of the court
opinionLACOMBE, Circuit Judge
- Prior decision conclusively established patent validity and infringement
- Defendant cannot avoid injunction by showing time/trouble to remove disks
- Defendant protected itself with guaranty
- Injunction granted with 60-day removal period for public convenience
Legal categories
Case record
Issues & holdings
Holdings of the court
Timeline
Circuit Court grants preliminary injunction against City of Poughkeepsie, ordering removal of infringing disks within 60 days
Outcome: Preliminary injunction granted
Court applies collateral estoppel from prior judgment to bind defendant, rejecting defense based on time/trouble to remove disks
Facts & evidence
Key facts
5 facts- Plaintiff National Meter Co. holds a patent for disks
- Defendant City of Poughkeepsie is using disks that infringe the patent
- The disks were purchased from a manufacturer
- The validity of the patent and infringing character of the disks were conclusively established against the manufacturer in a prior suit in the Third Circuit Court of Appeals
- Defendant has protected itself with a guaranty against loss from the manufacturer
Procedural history
3 steps- Prior suit in Third Circuit Court of Appeals established patent validity and infringement against manufacturer
- No certiorari to Supreme Court allowed, making that decision final
- Current motion for preliminary injunction in Circuit Court, S.D. New York
Objects of relevance
Policy considerations
- Public convenience in allowing phased removal of infringing articles
Authorities
Cited authorities (2)
Related cases (2)
Standards & doctrines
- Collateral estoppel applied from prior infringement judgment
Legal principles applied
- User of infringing article bears risk of removal; can protect via guaranty from seller
Notable quotes
“That it may take time and trouble to locate and remove them is no defense to this application. That is a risk the user of an infringing article always takes, and he may always fully protect himself by requiring a guaranty against loss from the person whose product the user buys.”LACOMBE, Circuit Judge — Rejecting defendant's defense against preliminary injunctionEstablishes that inconvenience of compliance is not a valid defense to patent infringement injunction