Franke v. Wiltschek
Court of Appeals for the Second Circuit
1DissentFrank, Circuit Judge
e., as to the nature of the relief).
I entirely agree that plaintiffs are entitled to relief, and disagree solely as to the kind of relief (i. e., a perpetual injunction). I think money damages will be wholly adequate. To make my position clear, I must first high-light the facts of this case which I think indisputable :(1) When defendants first came on the scene, plaintiffs were already marketing their wash-cloths publicly, so that anyone could buy them. (2) A previously expired patent (not owned by plaintiffs) revealed all the elements of plaintiffs’ process for making these cloths, excepting…
2Cases cited43 opinions
- Williams v. New YorkSupreme Court of the United States · 1949
- Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
- Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
- Holmberg v. ArmbrechtSupreme Court of the United States · 1946
- Hecht Co. v. BowlesSupreme Court of the United States · 1944
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