Goodyear v. Day
U.S. Circuit Court for the District of New Jersey
This was a case in equity for the infringement of a patent right in the manufacture of vulcanized India rubber. The bill prayed a perpetual injunction. The answer denied the allegations, and concluded by praying “a trial by jury of the various issues of fact formed by it.” The argument involved many interesting inquiries; but facts were so interfused throughout the whole case, in the questions of law, that these last have not been found very capable of being reported.
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This was a case in equity for the infringement of a patent right in the manufacture of vulcanized India rubber. The bill prayed a perpetual injunction. The answer denied the allegations, and concluded by praying “a trial by jury of the various issues of fact formed by it.” The argument involved many interesting inquiries; but facts were so interfused throughout the whole case, in the questions of law, that these last have not been found very capable of being reported. The pleadings were long; the proofs and exhibits very full, amounting to about 4000 printed pages; and they had been taken…
1Opinion of the Court
GRIER, Circuit Justice.
It is true that in England the chancellor will generally not grant a final and perpetual injunction in patent cases, when.the answer denies the validity of the patent, without sending the parties to law to have that question decided. But even there the rule is not absolute or universal; it is a practice founded more on convenience than necessity. It always rests on the sound discretion of the court. A trial at law is ordered by a chancellor to inform his conscience; not because either party may demand it as a right, or that a court of equity is incompetent to judge of…
2Cited by11 opinions
- Root v. Railway Co.Supreme Court of the United States · 1882
- Powder Co. v. Powder WorksSupreme Court of the United States · 1878
- Lamson v. MartinMassachusetts Supreme Judicial Court · 1893
- Washburn & Moen Manuf'g Co. v. HaishUnited States Circuit Court · 1880
- Wheaton v. KendallU.S. Circuit Court for the District of Northern California · 1898
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