Brunswick-Balke-Collender Co. v. Koehler & Hinrichs

Citations

• 115 F. 648
• 1902 U.S. App. LEXIS 4960

Syllabus

<p>1. Patents — Preliminary Injunction against Infringement — Prior Adjudication.</p> <p>A decision sustaining the validity of a patent, where the only defense made was that the device did not disclose invention, but was an obvious one, involving only mechanical skill, is not sufficient to warrant the granting of a preliminary injunction against infringement by a court in, another circuit, where the defense of anticipation is made in good faith, and supported on the preliminary hearing by affidavits which show a reasonable probability that it may be established on the final hearing.</p> <p>9. Same — Bowling Apparatus.</p> <p>A preliminary injunction denied against infringement of the Reisky patent, No. 599,477, for a returnway for bowling alleys, upon the showing made by defendants in support of the defense of anticipation.</p>