Carter-Crume Co. v. Bloomingdale

U.S. Circuit Court for the District of Southern New York

Carter-Crume Co. v. Bloomingdale

78 F. 926, 1897 U.S. App. LEXIS 2524

U.S. Circuit Court for the District of Southern New York·Decided February 6, 1897·Published

Opinion

LACOMBE, Circuit Judge.

All tbe defenses urged here, save one, appear to have been presented before Judge Ooxe. Tbe new one is tbe “prior use” of a particular book now produced by C. C. Boyles. Tbe evidence touching tbe authenticity of this book, and to wliat extent its use anticipated tbe patent, is of a character which may best be passed upon on final hearing. Following Judge Coxe’s decision, tbe motion for preliminary injunction is granted; injunction not to take effect until 30 days from date, so as to give defendant, who is a user, opportunity to provide himself with noninfringing order books.

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LACOMBE, Circuit Judge.

All tbe defenses urged here, save one, appear to have been presented before Judge Ooxe. Tbe new one is tbe “prior use” of a particular book now produced by C. C. Boyles. Tbe evidence touching tbe authenticity of this book, and to wliat extent its use anticipated tbe patent, is of a character which may best be passed upon on final hearing. Following Judge Coxe’s decision, tbe motion for preliminary injunction is granted; injunction not to take effect until 30 days from date, so as to give defendant, who is a user, opportunity to provide himself with noninfringing order books.

Carter-Crume Co. v. Bloomingdale, 78 F. 926, 1897 U.S. App. LEXIS 2524 (circtsdny 1897).

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