Diamond Match Co. v. Union Match Co.

Citations

• 129 F. 602
• 1904 U.S. App. LEXIS 4762

Syllabus

<p>1. Patents — Suit foe Infringement — Preiiminary Injunction.</p> <p>A court is not required to grant a preliminary injunction against the infringement of a patent because its validity has been sustained by a decision in another circuit, but is at liberty to exercise its independent judgment on the proofs, and will the more readily do so where it appears that before the hearing in the prior suit the defendant therein had ceased to have any interest in defending it.</p> <p>2. Same — Sufficiency of Proofs.</p> <p>Where the complainant’s right, on the proofs, is doubtful, and there is a substantial controversy between the parties as to the validity of a patent, which cannot well be determined without a full hearing, the court will not grant a preliminary injunction which would work great financial injury to a defendant able to respond in damages if infringement should be found on the final hearing.</p> <p>3. Same — Machine foe Making Matches.</p> <p>A preliminary injunction against infringement of the Beecher patent, No. 389,435,' for a machine for making matches, denied on the proofs.</p> <p>If 1. See Patents, vol. 38, Cent. Dig. § 484.</p>