Dakota farmers' leader. (Canton, S.D.) 1890-19??, 1908-05-08

UlleTelu ueSCTlOGu dIlu CldlIucu, duu OA
all the rights and privileges granted
and secured Hereunder, and also Of
all claims and demands whatever
arising from Infringement of said
Letters Patent; and the title to said
Letters Patent and to the aforesaid
claims and demands is duly vested In
the Empire Cream Separator Com
pany and the Vermont Farm Ma
chine Company, the Complainants
herein: and the said Sears, Roebuck
& Company, the defendant herein,
has infringed upon claim l and 2 OF
said Letter Patent No. 555S93, and
upon the exclusive rights of the COM
plainants Hereunder, by procuring
the manufacture of, and selling, and
causing to be made and sold and used
throughout the United States, Cen
trifugal Separating Apparatus en-
bodying and containing the invention
of the said Letters Patent No. 555S93.
and parts of same, and Centrifugal
Separating Apparatus embodying and
Letters Patent No. 555S93, and parts
of same, and Cen trifugal Separating
Apparatus like or similar thereto;
and it is further
Ordered, adjudged and decreed that
the complainants have not, by reason
of laches, or for any other reason, lost
their right to the relief prayed for, or
any part of same; and it is further
Ordered, ,adjudged and decreed that
the complainants do recover from the
defendant, Sears, Roebuck & Com
pany, all the gains, profits, and ad-
vantages which the said defendant
and its confederates have derived, re-
ceived or made, or which has arisen
or accrued to said defendant and its
confederates from infringement of
the said Letters Patent No. 555893,
and that the said complainants do al
so recover, in addition thereto, any
and all damages which complainants
have sustained by reason Of said in
fringement of their exclusive rights
by the said defendant and it's confed-
crates; and it is further
Ordered, Adjudged and Decreed
that it be referred to Sam' Fl. Hiuch-
cock, Esq, one of the Masters Of this
Court, to ascertain, take, state and
report to this Court an account Of the
nurhbe Of all Centrifugal Separating
Apparatus and parts thereof made,
used or sold by the said defendant
and it's confederates in infringement
of each or any of the said claims OF
said Letters Patent and to whom
sold and at what price, and an ac-
count of the number of such articles
and parts thereof which the said de-
fendant has on hand, and also all OF
the gains, profits and advantages
which the said defendant and its con
federates have received or which
have accrued to said defendant and
its confederates from or through the
said infringement, and to assess the
damages suffered by the complainants
by reason OF said infringement by the
defendant and its confederates and
report to this Court with all conyen
lent speed; and it is further
Ordered, Adjudged and DecreeG
that the complainants on such ac
counting shall have the right to cause
an examination of the officers and di.
rectors and agents and employees OF
said defendant ore tenus or other.
wise, and also the production of the
books, vouchers, statements, and doc
uments of said defendant as the said
Master may direct, and that the said
defendant attend for such purpose
from time to time as the said Master
shall direct; and it is further
Ordered, Adjudged and Decreed
that perpetual injunction be issued
out of and under the seal of this
Court against the said defendant
Sears, Roebuck and Company, enjoin'
ing and restraining it, its confeder.
ates, associates, servants, agents, at
torneys, clerks, and workmen, and all
who have contributed toward the ex.
p0uoCo VI lUo dCiClSC III UIilc S1oC,
from making, using or selling, or in
any way disposing of. Centrifuga
Separating Apparatus, embodying OF
containing the invention of said
Letters Patent No. 555S93 or any ap
paratus like or similar thereto, or any
Of the parts OF said apparatus, and
from infringing in any way said Let
ters Patent No. 555S93; and it is fur
ther
Ordered, Adjudged and Decreed
that the complainantsd do recover from
the defendant, Sears, Roebuck 8
Company, the costs, charges and dis
bursements of this suit to be taxed
and that the complainants have exc
cution against said defendant therefor
and it is further
Ordered, Adiudged and Decreed
that the matter of the destruction oi
the infringing machines and appara
tus now in the possession of the de-
fendane or the delivery of same tG
complainants for that purpose, and
also the matter of increasing the
damages to a sum equal to three
times the amount of the assessment
under the circumstances of the wilfu
and unjust infringement by the de
fendant, and all other matters not de