Standard Corrugated Case Corp. v. Servbest Co.

S.D. New York

Standard Corrugated Case Corp. v. Servbest Co.

38 F. Supp. 1020, 49 U.S.P.Q. (BNA) 240, 1941 U.S. Dist. LEXIS 3374

District Court, S.D. New York·Decided March 3, 1941·Published

Opinion

MANDELBAUM, District Judge.

Plaintiff moves for a temporary injunction on two unadjudicated patents. The court, after examining - the affidavits, exhibits, and the authorities submitted by both sides, is constrained to deny the motion. It is the generally accepted rule that courts will refuse a preliminary, injunction in the absence of prior adjudication or public acquiescence when there is any fair question as to invention, anticipation, construction, infringement or title. I believe that such fair questions have been presented by the° defendant. United States Can Corporation v. American Can Company, D.C., 31 F. Supp. 91; Metropolitan Button Works, Inc. v. Jaffe, et al., D.C., 19 F.Supp. 860; Rosenberg et al. v. Groov-Pin Corporation, 2 Cir., 81 F.2d 46, 47, 48. In addition to the foregoing I believe that the plaintiff has been guilty of laches which should defeat an application of this character.

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MANDELBAUM, District Judge.

Plaintiff moves for a temporary injunction on two unadjudicated patents. The court, after examining - the affidavits, exhibits, and the authorities submitted by both sides, is constrained to deny the motion. It is the generally accepted rule that courts will refuse a preliminary, injunction in the absence of prior adjudication or public acquiescence when there is any fair question as to invention, anticipation, construction, infringement or title. I believe that such fair questions have been presented by the° defendant. United States Can Corporation v. American Can Company, D.C., 31 F. Supp. 91; Metropolitan Button Works, Inc. v. Jaffe, et al., D.C., 19 F.Supp. 860; Rosenberg et al. v. Groov-Pin Corporation, 2 Cir., 81 F.2d 46, 47, 48. In addition to the foregoing I believe that the plaintiff has been guilty of laches which should defeat an application of this character.

Standard Corrugated Case Corp. v. Servbest Co., 38 F. Supp. 1020, 49 U.S.P.Q. (BNA) 240, 1941 U.S. Dist. LEXIS 3374 (S.D.N.Y. 1941).

Pincite

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Opinion

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