Earll v. Rochester, S. & E. R. Co.
U.S. Circuit Court for the District of Northern New York
Motion for preliminary injunction to restrain alleged infringement of United States letters patent No. 476,028, dated May 31, 1892, and issued to Melvin A. Yeakley and Robert A. Robertson for “Safety Attachment for Railway Trolleys.” Yeakley was the alleged inventor, and assigned a one-half to Robertson. Earll is assignee of the patent, and his title is not seriously questioned.
1Opinion of the Court
RAY, District Judge.
The Yeakley patent, infringement of which is alleged, discloses merit and utility. If valid, and infringed by defendant, a preliminary injunction should issue, otherwise it should be denied. In determining the validity of a patent, on motions of this character, the court or judge is usually controlled to quite an extent, if not to a large extent, by prior adjudications, and by long acquiescence or long nonacquiescence. If there is found neither prior adjudication nor long acquiescence in the validity of the patent in suit, and its validity is denied,, and not clear, this…
2Cases cited1 opinion
- McWilliams Manuf'g Co. v. BlundellDistrict Court, D. Rhode Island · 1882
3Cited by4 opinions
- American Graphophone Co. v. Gimbel Bros.District Court, S.D. New York · 1916
- American Steel Foundries v. Wolff Truck Frame Co.U.S. Circuit Court for the Northern District of Illnois · 1911
- Blessing v. Gordon Textile Co.District Court, S.D. New York · 1939
- National Paint Removing Co. of Washington v. CochranDistrict Court, W.D. Washington · 1923