Standard Corrugated Case Corp. v. Servbest Co.

MANDELBAUM, District Judge.

Plaintiff moves for a temporary injunction on two unadjudicated patents. The court, after examining - the affidavits, exhibits, and the authorities submitted by both sides, is constrained to deny the motion. It is the generally accepted rule that courts will refuse a preliminary, injunction in the absence of prior adjudication or public acquiescence when there is any fair question as to invention, anticipation, construction, infringement or title. I believe that such fair questions have been presented by the° defendant. United States Can Corporation v. American Can…