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

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

DecidedFebruary 6, 1897

StatusPublished

This text of 78 F. 926 (Carter-Crume Co. v. Bloomingdale) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Southern New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

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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.

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Bluebook (online)

78 F. 926, 1897 U.S. App. LEXIS 2524, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carter-crume-co-v-bloomingdale-circtsdny-1897.