George Sutherland

“ The decisions of this court upon the point are entirely harmonious. Root v. Railway Co., referred to in the foregoing quotation, presents no exception. There suit was brought long after the expiration of the patent. No ground for equitable jurisdiction properly could be alleged, for, plainly, none existed, and the bill was merely for an accounting of profits and damages, the remedy at law for which was complete. Accordingly, a decree dismissing the bill was affirmed. We deem it unnecessary to review the decisions in the several circuits thought to be in conflict. ”

“ Jurisdiction of the court sitting in equity, having been rightfully invoked, was not lost either because the interlocutory injunction was denied in the exercise of judicial discretion or by the expiration of the patent pending final decree. ”

“ The question here to be determined arose in a suit in equity by respondent against petitioner, brought in the federal District Court for the Western District of New York, for infringement of a patent. The bill alleged repeated and continuing infringement of the patent by petitioner, preparation and readiness to continue such infringement, and that, unless petitioner was restrained, respondent would suffer great and irreparable damage, etc. ”