Legal Opinion
Andrew Geller Shoe Mfg. Co. v. Ansonia Bootery, Inc.
District Court, S.D. New York
Decided May 26, 1931PublishedCited by 1 opinion
1Opinion of the Court
KNOX, District Judge.
In discussing the propriety of the issuance of a preliminary injunction against the infringement of an unadjudicated patent, where the validity of the letters is denied, the Court of Appeals for this circuit, in Boyce et al. v. Stewart-Warner Speedometer Corporation, 220 F. 118, 121, said: “ * * *
*892While recognizing the fact that it is not necessary that the validity of the patent should have been previously determined, we have been reluctant to approve the granting of a preliminary injunction where the patent was comparatively new. And it has been our practice to…
2Cases cited4 opinions
- Smith v. Whitman Saddle Co.Supreme Court of the United States · 1893
- Boyce v. Stewart-Warner Speedometer Corp.Court of Appeals for the Second Circuit · 1914
- Knapp v. Will & Baumer Co.Court of Appeals for the Second Circuit · 1921
- Jacob Elishewitz & Sons Co. v. Bronston Bros. & Co.Court of Appeals for the Second Circuit · 1930
3Cited by1 opinion
- Hoeme v. JeoffroyCourt of Appeals for the Fifth Circuit · 1938