Potter v. Whitney
U.S. Circuit Court for the District of Massachusetts
This was a motion [by Orlando B. Potter and others] for a provisional injunction, to restrain defendant [Washington Whitney] from infringing letters-patent for “improvement in sewing-machines” granted to Allen B. Wilson, November 12, 1850 [No. 7,776], reissued January 22, 1856 [No. 346], and extended for seven years from November 12, 1S04. See Potter v. HoL.md [Case No. 11,-330]. The defendant was manufacturing and selling single-thread sewing-machines, in which the cloth…
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This was a motion [by Orlando B. Potter and others] for a provisional injunction, to restrain defendant [Washington Whitney] from infringing letters-patent for “improvement in sewing-machines” granted to Allen B. Wilson, November 12, 1850 [No. 7,776], reissued January 22, 1856 [No. 346], and extended for seven years from November 12, 1S04. See Potter v. HoL.md [Case No. 11,-330]. The defendant was manufacturing and selling single-thread sewing-machines, in which the cloth was advanced by a sliding-presser foot, provided on the lower side with serrations pressing the cloth against the table or…
1Opinion of the Court
LOWELL, District Judge.
The principles which govern courts in granting or refusing preliminary injunctions in patent cases are well established. As a general rule, if the plaintiff has made out a clear title, and the question of infringement presents no difficulty, an injunction will be granted. The hearing is had upon ex parte affidavits, and if the questions to be decided are difficult and complicated, especially if they involve disput*1192ed facts which have never been passed upon by a court or jury, then, although the court may be inclined to think the complainant is right, yet it will not…
2Cases cited3 opinions
- Burdell v. DenigSupreme Court of the United States · 1876
- Burdell v. ComstockDistrict Court, S.D. Ohio · 1883
- Burdell v. DenigDistrict Court, S.D. Ohio · 1883
3Cited by6 opinions
- Consolidated Roller-Mill Co. v. CoombsU.S. Circuit Court for the District of Eastern Michigan · 1889
- Eastern Paper-Bag Co. v. NixonUnited States Circuit Court · 1888
- McWilliams Manuf'g Co. v. BlundellDistrict Court, D. Rhode Island · 1882
- Southwestern Brush Electric Light & Power Co. v. Louisiana Electric Light Co.U.S. Circuit Court for the District of Eastern Louisiana · 1891
- Steinfur Patents Corp. v. Philip Singer & Bro.District Court, S.D. New York · 1930
1 more not listed; retrieve them via the Exa API.