United States Courts of Appeals Reports; Cases Adjudged in the United States Circuit Court of Appeals Volume 33

United States Courts of Appeals Reports; Cases Adjudged in the United States Circuit Court of Appeals Volume 33

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1897 edition. Excerpt: ... requiring us to give their proper effect to prior adjudications establishing the validity of the patent in suit, or determining its construction. The force of such adjudications in connection with applications for temporary injunctions in patent causes has been uniformly stated in substantially the same terms, but nowhere better than by the Circuit Court of Appeals for the Seventh Circuit in Electric Jllanafacturing Company v. Edison E lectric Light Company, 18 U. S. App. 637, 641, as follows: " It may be ditficult to formulate a rule that will comprehend all the conditions which could be presented, but we thinkit safe to say that in general, where the validity of a patent has been sustained by prior adjudication upon final hearing, and after bona fide and strenuous contest, the matter of its validity upon a motion for a preliminary injunction is no longer at issue, all defenses, except that of infringement, being reserved to the final hearing, subject, however, to the single exception that where a new defense is interposed the evidence to support it must be so cogent and persuasive as to impress the court with the conviction that, if it had been presented and considered in the former case, it would probably have availed to a contrary conclusion." Whether this court will apply the rule in favor of decisions Opinion of the Court. of the various Circuit Courts, or will limit it to adjudications of the appellate courts, as was apparently done by the Circuit Court of Appeals for the Third Circuit in lVational Cask Regierter Company v. American Cash Register Company, 3 U. S. App. 340, we need not inquire, as the prior adjudication relied on in this instance was our own. Prior to the filing of the bill in the case at bar, a suit in...show more

Product details

  • Paperback | 302 pages
  • 189 x 246 x 16mm | 544g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236978242
  • 9781236978240