Reynolds International Pen Co. v. Eversharp, Inc.

LEAHY, District Judge.

The affidavits in support of the motion for preliminary injunction charge that defendants have falsely asserted that their two Biro patents cover all ball-bearing pens and that anyone who makes and vends such a pen infringes. Plaintiff contends the ball-pointed pen is old in the art (circa 1888) and defendants’ patents cover merely containers, springs, plungers, pistons, etc.— useful in a ball-pointed pen — and that the patents cannot cover the ball-pointed pen itself. Jurisdiction and immediate injunc-tive relief are based upon threats made by defendants to retailers…