Publisher's Synopsis
Excerpt from United States Circuit Court of Appeals for the Ninth Circuit: Columbia and Nehalem River Railroad Company, a Corporation, and A. S. Kerry, Appellants, Vs. Elbert G. Chandler and Northwestern Equipment Company, a Corporation, Appellees; Transcript of Record, Upon Appeal From the District Court of the United States
And forasmuch as your orators have no adequate re lief except in this court, to the end that the defendants may be compelled to account for and to pay over the income and profits thus unlawfully derived from the Violation of the rights of your orators as above, and be restrained from any further violation of said rights, your orators pray that Your Honors may grant a writ of injunction, restraining the defendants and each of them and their agents from any further construction, or sale or use in any manner of said patented invention or any part thereof, in violation of the rights of your orators as aforesaid, and that the logging trucks now in the use of the said defendants may be destroyed, or delivered up to your orators for that purpose. And also, that Your Honors, upon the entering of a decree for infringement, as above prayed for, may proceed to assess, or cause to be assessed under your direction, in addition to the profits to be accounted for by the de fendants as aforesaid, the damages your orators have sustained by reason of such infringement, and that Your Honors may increase the actual damages so assessed to a sum equal to three times the amount of such as sessment, under the circumstances of the wilful and unjust infringement by the said defendant as herein set forth.
And your orators also pray for a provisional or pre liminary injunction, and for such other relief as the equity of the case may require, and as to Your Honors may seem meet.
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