American Chemical Paint Company, a Corporation v. Thompson Chemical Corporation, a Corporation

Defendant in this patent infringement action obtained an order enjoining plaintiff from commencing or further prosecuting similar suits against defendant or its customers, pending the determination of, this action. Plaintiff asks us to reverse this injunctive order.

Appellant, American Chemical Paint Company, instituted the instant action against appellee, Thompson Chemical Corporation, on March 21, 1955. The suit was filed in the United States District Court for the Southern District of California, Central Division. In the complaint, it is alleged that appellee has been infringing, and continues to infringe, appellant’s patent No. 2,258,292. The patent covers a chemical invention designed for use in regulating the growth of plants. The alleged infringement consists in the manufacture and selling of materials embodying the patented invention. An injunction, accounting, and damages are sought. In its answer, appellee pleads a general denial, advances several defenses, and asks that the patent in question be declared invalid.

After this suit came to issue, depositions were taken which disclosed that appellee had sold the materials in question to various dealers. Appellant…