Williams v. Breitling Metal-Ware Manuf'g Co.
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court of the United States for the '.Northern District of Illinois. This suit is brought to restrain the Infringement of letters patent No. 554,0-14, dated February 4, 1896, issued to the appellant, Edward L. Williams, for a bicycle lamp.
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Appeal from the Circuit Court of the United States for the '.Northern District of Illinois. This suit is brought to restrain the Infringement of letters patent No. 554,0-14, dated February 4, 1896, issued to the appellant, Edward L. Williams, for a bicycle lamp. The patentee states, in his specification, that the object of Ms invention is ‘to produce; a serviceable and compact bicycle lamp from materials which are easily workable and adapted to be economically wrought into such forms as to secure great strength as well as lightness, and provide suitable spaces for the lamp accessories, such…
1Opinion of the CourtJenkins, Circuit Judge
In Standard Elevator Co. v. Crane Elevator Co., 9 U. S. App. 556, 6 C. C. A. 100, and 56 Fed. 718, this court declared the doctrine which must prevail in this circuit respecting the allowance of preliminary injunctions in patent cases. We there said that to authorize a court, in advance of a decree upon the merits, to allow an injunction, not only must the infringement he without reasonable doubt, but the rights of the patentee must be clear; and, failing prior adjudication in favor of the validity of the patent, there must be shown such continued public acquiescence in the exclusive right…
2Cases cited3 opinions
- Standard Elevator Co. v. Crane Elevator Co.Court of Appeals for the Seventh Circuit · 1893
- George Ertel Co. v. StahlCourt of Appeals for the Seventh Circuit · 1895
- Frank v. Wm. P. Mockridge Manuf'g Co.U.S. Circuit Court for the District of New Jersey · 1895
3Cited by4 opinions
- Wilson v. Consolidated Store-Service Co.Court of Appeals for the First Circuit · 1898
- Smith v. Meriden Britannia Co.U.S. Circuit Court for the District of Connecticut · 1899
- Long Arm System Co. v. New York Shipbuilding Co.U.S. Circuit Court for the District of New Jersey · 1905
- Esta Co. v. BurkeDistrict Court, E.D. Pennsylvania · 1919