Scott v. Laas
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court of the United States for the Eastern District of Wisconsin. The appellants are the defendants below in a bill filed by the appeh lees alleging infringement of United States letters patent No. 757,754, for “railway-rail stay,” issued to L,aas and Sponénburg, April 19, 1904; and this appeal is from an order of the Circuit Court granting a preliminary injunction.
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Appeal from the Circuit Court of the United States for the Eastern District of Wisconsin. The appellants are the defendants below in a bill filed by the appeh lees alleging infringement of United States letters patent No. 757,754, for “railway-rail stay,” issued to L,aas and Sponénburg, April 19, 1904; and this appeal is from an order of the Circuit Court granting a preliminary injunction. The in junctional order rests upon the bill, answer, and affidavits, which disclose interference proceedings in the •Patent Office between the individual defendants, carried by appeal to the Court of…
1Opinion of the CourtSeaman, Circuit Judge
These propositions, at least, are well established, not only in the rulings of this court, but under all the authorities, in reference to preliminary relief in favor of the owner of a patent whep. the fact of infringement is charged and undisputed: (1) That an injunction pendente lite may issue, if patentable invention appears on the face of the patent, and the presumptions arising from the grant have been reinforced by the decision of a competent court, upholding the invention, upon issues duly raised and fairly litigated. (2) That on appeal from an order so predicated the only inquiry is…
2Cited by3 opinions
- Laas v. ScottDistrict Court, E.D. Wisconsin · 1908
- Victor Talking Mach. Co. v. Brunswick-Balke-Collender Co.District Court, D. Delaware · 1923
- Turner Brass Works v. Appliance Mfg. Co.U.S. Circuit Court for the Northern District of Illnois · 1908