Williams v. McNeely
U.S. Circuit Court for the District of Eastern Pennsylvania
In Equity. On motion for preliminary injunction in a suit by Williams & Webster against McISfeely & Co. for alleged infringement of a patent.
1Opinion of the Court
DALLAS, Circuit Judge.
An application for a preliminary injunction is not, in patent causes any more than in others, ait available short cut to an adjudication upon asserted, but disputed and doubtful, rights. Where, upon such, a motion, the defendant avers that the subject-matter of the infringement alleged differs substantially from that of the patent, the question thus presented ought not, in my judgment, to he decided upon the ex parte affidavits, but should be left, unless the defendant’s contention be plainly frivolous and unsupported, entirely open for decision upon the evidence as…
2Cited by4 opinions
- Blakey v. National Mfg. Co.Court of Appeals for the Third Circuit · 1899
- Home Ins. v. NoblesU.S. Circuit Court for the District of Eastern Pennsylvania · 1894
- Pott v. AltemusU.S. Circuit Court for the District of Eastern Pennsylvania · 1894
- Æolian Co. v. Cunningham Piano Co.District Court, E.D. Pennsylvania · 1917