Vacuum Cleaner Co. v. Waldorf-Astoria Hotel Co.
U.S. Circuit Court for the District of Southern New York
In Equity. Suit by the Vacuum Cleaner Company against the Waldorf-Astoria Hotel Company for infringement of letters patent Nos. 847,947 and 847,948 to Kenney' for vacuum cleaner. On motion for preliminary injunction.
1Opinion of the Court
HOUGH, District Judge.
[1] This action is upon an unadjudi-cated patent. Admittedly this does not by itself constitute a reason for refusing injunctive relief before final decree; yet it is interesting to note how difficult it has been to sustain preliminary injunctions on unadjudicated patents whenever the party enjoined has had courage or money enough to take the matter to the appellate court. Complainant cites and relies upon the Circuit Court *866decisions of which Fuller v. Gilmore (C. C.) 121 Fed. 129, is the best known. With the doctrine of these cases I fully agree, for it would seem that,…
2Cases cited5 opinions
- Fuller v. GilmoreU.S. Circuit Court for the District of Southern New York · 1902
- Newhall v. McCabe Hanger Mfg. Co.Court of Appeals for the Second Circuit · 1903
- Sprague Electric Railway & Motor Co. v. Nassau Electric R. Co.Court of Appeals for the Second Circuit · 1899
- Armat Moving Picture Co. v. Edison Mfg. Co.Court of Appeals for the Second Circuit · 1903
- Pelzer v. City of BinghamtonCourt of Appeals for the Second Circuit · 1899
3Cited by2 opinions
- Godley v. WeismanSupreme Court of Minnesota · 1916
- Individual Drinking Cup Co. v. Osmun-Cook Co.District Court, D. New Jersey · 1915