Legal Opinion · Dissent

Art Metal Works, Inc. v. Abraham & Straus, Inc.

Court of Appeals for the Second Circuit

Decided April 30, 1934No. 341Published

1DissentL. Hand, Circuit Judge

Federal courts have said at times that the successful plaintiff in a patent suit might so misuse his decree that they would vacate it [Alliance Securities Co. v. De Vilbiss Mfg. Co., 41 F.(2d) 668, (C. C. A. 6); Asbestos Shingle, etc., Co. v. Johns-Manville Co. (C. C.) 189 F. 611; De Forest Radio, etc., Co. v. Radio Corporation (D. C.) 4 F.(2d) 134] ; but, so far as I can find, they have only once acted upon the doctrine [H. W. Peters Co. v. McDonald (D. C.) 5 F. Supp. 692], However, in the closely analogous situation of a bill to enjoin a patentee from misrepresenting his rights, when he…

2Cases cited14 opinions

  1. Vulcan Detinning Co. v. American Can Co.Supreme Court of New Jersey · 1907
  2. Adriance, Platt & Co. v. National Harrow Co.Court of Appeals for the Second Circuit · 1903
  3. Emack v. KaneUnited States Circuit Court · 1888
  4. A. B. Farquhar Co. v. National Harrow Co.Court of Appeals for the Third Circuit · 1900
  5. Alliance Securities Co. v. De Vilbiss Mfg. Co.Court of Appeals for the Sixth Circuit · 1930

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