National Meter Co. v. City of Poughkeepsie

Decided Circuit Court, S. D. New York
Disposition
granted
full scope · unanimous
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Court
Circuit Court, S. D. New York
Decided
Judge
LACOMBE, Circuit Judge

Overview

The court grants the preliminary injunction, ordering the City of Poughkeepsie to desist from using the infringing disks and remove them within 60 days, as the prior judgment conclusively establishes infringement and the defense of time/trouble is invalid.

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

Majority
opinion
LACOMBE, 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

Business

Case record

Full case name
NATIONAL METER CO. v. CITY OF POUGHKEEPSIE
Court
Circuit Court, S. D. New York
Decided
Opinion author
LACOMBE, Circuit Judge
Opinion type
published
Precedential status
precedential
Judges on panel
LACOMBE, Circuit Judge

Issues & holdings

Holdings of the court

Preliminary injunction against use of infringing articles
Defendant must desist from using infringing disks and remove them within 60 days
Prior decision conclusively established patent validity and infringement against manufacturer; defendant cannot avoid injunction by showing time/trouble to remove disks; defendant protected itself with guaranty
unanimousbinding precedent

Timeline

rulingcited in opinion

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

Preliminary injunctionPatent infringement
LACOMBE, Circuit Judge · National Meter Co. · City of Poughkeepsie Circuit Court, S.D. New York trial court

Facts & evidence

Key facts

5 facts
  1. Plaintiff National Meter Co. holds a patent for disks
  2. Defendant City of Poughkeepsie is using disks that infringe the patent
  3. The disks were purchased from a manufacturer
  4. 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
  5. Defendant has protected itself with a guaranty against loss from the manufacturer

Procedural history

3 steps
  1. Prior suit in Third Circuit Court of Appeals established patent validity and infringement against manufacturer
  2. No certiorari to Supreme Court allowed, making that decision final
  3. Current motion for preliminary injunction in Circuit Court, S.D. New York

Objects of relevance

Infringing disks (patented articles used by defendant)

Policy considerations

  • Public convenience in allowing phased removal of infringing articles

Authorities

Cited authorities (2)

12 C. G. A. 671, 65 Fed. 127
followedprecedent
Prior decision conclusively establishing patent validity and infringement against manufacturer
Campbell Printing-Press & Manuf’g Co. v. Manhattan Ry. Co., 49 Fed. 930
followedprecedent
Analogous case supporting grant of injunction

Related cases (2)

12 C. G. A. 671, 65 Fed. 127
prior appeal
Patent validity and infringement established against manufacturer
Campbell Printing-Press & Manuf’g Co. v. Manhattan Ry. Co., 49 Fed. 930
companion case
Cited as analogous precedent

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 injunction
Establishes that inconvenience of compliance is not a valid defense to patent infringement injunction
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Entities and documentation
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Action type
granted
Target
preliminary injunction
Context
Court grants motion for preliminary injunction, ordering defendant to desist from using infringing disks and remove them within 60 days
Scope
full
Further instructions
Order may contain clause allowing 60 days for making necessary changes
Disposition vote
unanimous
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