Oliver Wendell Holmes, Jr.

“ The bill prays for an injunction against making, using, or selling the boxes or machines, for an account of profits received by reason of the infringement, for triple the damages measured as above stated, and for the surrender of the machines. The jurisdiction depended upon this being a case arising under the patent laws, and the district court, thinking that it was merely a matter of contract, dismissed the bill. ”

“ It may be that the reasoning of The Fair v. Kohler Die & Specialty Co. 228 U.S. 22, 57 L. ed. 716, 33 Sup. Ct. Rep. 410, is more consistent with that of Mr. Justice Bradley's dissent in Hartell v. Tilghman, 99 U.S. 547, 25 L. ed. ”