
    AMERICAN ELECTRICAL NOVELTY CO. v. NEWGOLD et al.
    (Circuit Court, S. D. New York.
    January 13, 1900.)
    Patents — Sutt por Infringement — Preliminary Injunction.
    A decision sustaining a patent in a case not contested is not suck an adjudication as will entitle the; complainant in a different suit to a preliminary injunction against infringement, where there is no proof of long acquiescence, and the validity of the patent is contested.
    This is a suit in equity for infringement of a patent. On motion for preliminary injunction.
    
      Thomas Ewing, Jr., for the motion.
    Arthur v. Briesen, opposed.
   IACOMBE, Circuit Judge.

The decision of Judge Wheeler (98 Fed. 895), being rendered in a case where there was no opposition, is not such an adjudication as will entitle complainant to a preliminary injunction in another suit, where there is no proof of long-continued public acquiescence, and where the validity of the patents, if construed broadly enough to cover defendant’s device, is vigorously contested. Motion denied.  