Milwaukee Printing Co. v. Stover

BAKER, Circuit Judge.

Appellees’ bill of complaint charged appellants with infringement of patent No. 1,404,539, January 24, 1922, to Nelson, for a confection, and further charged appellants with unfair competition between the alleged infringing article and the patented article. On appellees’ motion, supported and opposed by affidavits, the court entered a preliminary injunction covering both features of the bill.

It has been said quite generally that a preliminary injunction ought not to be granted in a patent suit, except where the validity of the patent has been upheld in other litigation,…