Æolian Co. v. Cunningham Piano Co.
District Court, E.D. Pennsylvania
In Equity. Suit by the TEolian Company against the Cunningham Piano Company. On motion for preliminary injunction.
1Opinion of the Court
DICKINSON, District Judge.
The person to whom letters patent have been issued has a prima facie right of property in his invention. The right, however, is open to challenge, and the validity of the patent, if challenged, must be established before the patentee has a right to its enforcement. When, however, the question of validity has been in good faith determined in his favor, the right conferred by law is no right unless the law also upholds the owner in its exercise. The right may thus be determined by adjudications or by their equivalent in general acquiescence. No one except parties and…
2Cases cited7 opinions
- Shepard v. CarriganSupreme Court of the United States · 1886
- Electric Railroad Signal Co. v. Hall Railway Signal Co.Supreme Court of the United States · 1885
- Cawood PatentSupreme Court of the United States · 1877
- Blakey v. National Mfg. Co.Court of Appeals for the Third Circuit · 1899
- Welsbach Light Co. v. Cosmopolitan Incandescent Gaslight Co.U.S. Circuit Court for the Northern District of Illnois · 1900
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Weber Electric Co. v. Connecticut Electrical Mfg. Co.District Court, D. Connecticut · 1919