Motion Picture Patents Co. v. Universal Film Mfg. Co.

Second Circuit

Motion Picture Patents Co. v. Universal Film Mfg. Co.

231 F. 701, 145 C.C.A. 587, 1916 U.S. App. LEXIS 1698

CourtCourt of Appeals for the Second Circuit

DecidedFebruary 11, 1916

DocketNo. 248

StatusPublished

This text of 231 F. 701 (Motion Picture Patents Co. v. Universal Film Mfg. Co.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Motion Picture Patents Co. v. Universal Film Mfg. Co., 231 F. 701, 145 C.C.A. 587, 1916 U.S. App. LEXIS 1698 (2d Cir. 1916).

Pincite

Opinion

PER CURIAM.

We think the motion should be denied. A stay now would simply postpone the hearing of this appeal. It would not, or at least it may not, determine the complainant’s rights in this case, which is apparently a simple infringement suit based upon a patent owned by the complainant.

The defendants have set up the alleged license agreement, and if they claim under it they cannot attack it. The more orderly and safer way is to let the case proceed on its merits.

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PER CURIAM.

We think the motion should be denied. A stay now would simply postpone the hearing of this appeal. It would not, or at least it may not, determine the complainant’s rights in this case, which is apparently a simple infringement suit based upon a patent owned by the complainant.

The defendants have set up the alleged license agreement, and if they claim under it they cannot attack it. The more orderly and safer way is to let the case proceed on its merits.

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Bluebook (online)

231 F. 701, 145 C.C.A. 587, 1916 U.S. App. LEXIS 1698, Counsel Stack Legal Research, https://law.counselstack.com/opinion/motion-picture-patents-co-v-universal-film-mfg-co-ca2-1916.