Carter-Wallace, Inc. v. Davis-Edwards Pharmacal Corp.

(dissenting) :

Although I agree with some of the views expressed by Judge Friendly in his thorough opinion, I differ on certain crucial issues and hence must dissent.

Were it not for the Court’s adherence to an old doctrine, which seems to have been blindly followed by some over the years, to the effect that a preliminary injunction should not issue in a patent infringement suit “except when the patent is beyond question valid and in*885fringed,” Simson Bros. v. Blancard & Co., 22 F.2d 498, 499 (2d Cir. 1927), it is evident that the district court’s grant of preliminary relief in this case would be…