ELECTRIC VEHICLE CO. et al. v. BARNEY

ELECTRIC VEHICLE CO. et al. v. BARNEY. (Circuit Court, S. D. New York. January 27, 1906.) Courts — Conflicting Jurisdiction — Patents — Suit for Infringement — Grounds for Stay. ' The pendency of a suit for infringement of a patent is not ground for staying a second suit in another circuit against a different defendant for Infringement by a different machine. On Motion for Stay. Niles & Johnson, for the motion. S. R. Betts and Wm. A. Redding, opposed. [MAJORITY — LACOMBE, Circuit Judge.] LACOMBE, Circuit Judge. This is a motion to restrain the prosecution of this suit, which is brought for alleged infringement of the Selden patent in the use of a foreign-made machine (a “Mercedes”) imported by defendant for his own use. The ground of application is that there is pending in some other circuit a suit for alleged infringement of the Selden patent brought against the manufacturer of the Ford Machine, and this court is asked to suspend the prosecution of this suit until after the Ford suit is determined. If defendant were using a Ford machine, or if he were asking to have prosecution suspended until the decision of some prior suit against a maker, seller, or a user of a Mercedes machine, the application would probably commend itself to the court; but there seems neither authority nor any sound reason for granting it under existing circumstances.