Western Electric Co. v. Keystone Tel. Co.
U.S. Circuit Court for the District of Eastern Pennsylvania
In Equity. Suit for infringement of letters patent No. 330,067, issued to John A. Seely November 10, 1885, for telephone switch boards. On application for preliminary injunction.
1Opinion of the Court
DALLAS, Circuit Judge.
“A preliminary injunction should never be awarded where the right is doubtful or the wrong uncertain,” and therefore will not be granted in a patent case where the proofs leave the court in doubt either as to the validity of the complainant’s patent, or as to its infringement by the defendant. Undoubtedly, this rule is modified by the equally well settled one that a patent which has, after contest, been sustained by a United States court, is exempt from further attack on the same ground, and by the same evidence, upon interlocutory proceedings subsequently had in any…
2Cases cited7 opinions
- Kinloch Tel. Co. v. Western Electric Co.Court of Appeals for the Eighth Circuit · 1902
- Blakey v. National Mfg. Co.Court of Appeals for the Third Circuit · 1899
- Societe Anonyme Du Filtre Chamberland Systeme Pasteur v. AllenCourt of Appeals for the Sixth Circuit · 1898
- Welsbach Light Co. v. Cosmopolitan Incandescent Gaslight Co.U.S. Circuit Court for the Northern District of Illnois · 1900
- Societe Anonyme du Filtre Chamberland Systeme Pasteur v. AllenU.S. Circuit Court for the District of Northern Ohio · 1897
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