Hammerschlag Manuf'g Co. v. Spalding

In view of the broad construction given to the fifth claim of the Hammerschlag patent by various courts, and especially in view of *67the decision of Judge Lowell in the Wood Case, 18 Fed. Rep. 175. Iain clearly of opinion that the complainant is entitled to a preliminary injunction. The Spaulding machine manifestly comes within the scope of these decisions. Differences of such a class as exist between the Spaulding and Hammerschlag machines have been held not to relieve a party from the charge of infringement. Injunction granted.