Upton v. Wayland
U.S. Circuit Court for the District of Southern New York
In Equity. On motion for an injunction. This is an action by Charles Upton and Edward Miller & Go. against Chandler N. Wayland and Thomas B. Kent for alleged infringement of letters patent No. 348,969, for a lamp-wick raiser, issued September 14, 1886, to Leonard Ilenkle, and reissue No. 17,090, dated February 8, 1887.
1Opinion of the CourtWallace, J.
An examination of tbe deposition and exhibits used upon the motion for a preliminary injunct-un does not disclose anything *692in the facts of the case to except it from the application of the ordinary rule by which such an ii-junction is not granted upon a patent of recent date, which has not been adjudicated when the patentable novelty of the improvement described in it is fairly contested, and there has been no well-defined or significant recognition of the validity of the patent by the public. The “wick-raiser” which is the subject of the patent is one of nine patented improvements embodied…
2Cited by2 opinions
- Ruben Condenser Co. v. Copeland Refrigeration Corp.Court of Appeals for the Second Circuit · 1936
- Felt & Tarrant Mfg. Co. v. Mechanical Accountant Co.U.S. Circuit Court for the District of Rhode Island · 1904