Rice & Adams Corp. v. Lathrop, 278 U.S. 509 (1929)

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Rice & Adams Corporation v. Lathrop

No. 155

Argued January 11, 1929
Decided February 18, 1929
278 U.S. 509

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE SECOND CIRCUIT

Syllabus

In a suit to enjoin infringement of a patent and for an accounting and damages, begun within a short time before the patent is to expire, the jurisdiction of the district court to adjudicate the claim for monetary relief as a court of equity will not be divested by a denial of a preliminary injunction if the case be such that the court properly might either grant or refuse such injunction in the exercise of its discretion. P. 512.

24 F.2d 1021 affirmed.

Certiorari, 278 U.S. 585, to a decree of the circuit court of appeals affirming a decree adjudging a patent valid and infringed and referring the cause for determination of profits and damages. A preliminary injunction was denied by the district court, and the patent expired thereafter pending the suit. That court declined to transfer to the law docket. See 6 F.2d 91; 21 F.2d 124.