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

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

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.