
    National Cash Register Co. v. Boston Cash Indicator & Recorder Co.
    
      (Circuit Court, D. Massachusetts.
    
    January 4, 1890.)
    Patents fob Inventions — Infringement—Preliminary Injunction.
    Where it appears that the patent in controversy is only a year old at time of suit for infringement, and the complainant fails to show, either a prior adjudication sustaining the y.alidity of the patent, or public acquiescence upon which a presumption of validity may be based, and the defendant has signed a stipulation agreeing not to make or sell any instruments embodying the devices alleged to infringe the -patent in suit until final hearing, an injunction will be denied* .
    
      In Equity. On motion for injunction.
    
      William A. Macleod and Peck & Rector, for complainants.
    
      Livermore, Fish & Richardson, and Albert M. Moore, for defendants.
   Colt, J.

In view of the fact that the patent in controversy was only a year old when this suit was brought,_the complainant failing to show, either a prior adjudication sustaining the validity of the patent, or public acquiescence upon which a presumption of validity may be based, and in view of the further fact that the defendant has signed a stipulation agreeing not to make or sell any cash registers embodying the devices alleged to infringe the pateht in suit until final hearing, I must decline to grant any injunction. Motion denied. .  