Valvona-Marchiony Co. v. Silverstein

Citations

• 207 F. 374
• 1910 U.S. App. LEXIS 5790

Syllabus

<p>1. Patents (§ 328*)—Validity—Molds for Biscuit Cups.</p> <p>Valvona patent, No. 701,776, for a mold and oven for baking biscuit cups to be used to hold ice cream, held valid.</p> <p>2. Patents (§ 301*)—Infringement—Preliminary Injunction.</p> <p>A preliminary injunction will not ordinarily be granted in a suit to restrain the infringement of a patent, if there is any substantial doubt as to the validity of the patent or the infringement; nor will a preli mi nary injunction be as readily granted against a mere user as against a maker or seller of the patented invention.</p> <p>[Ed. Note.—For other cases, see Patents, Cent. Dig. §§ 489-495; Dec. Dig. ([ 301.*]</p> <p>3. Patents (§ 301*)—Infrinchíment—Preliminary Injtlnctton.</p> <p>Where, in a suit against a mere user of an alleged, infringing patented invention, there was doubt as to whether an infringement in fact existed, and there was ground to believe that defendant’s use of the appliance, if unlawful, had been to some extent induced by complainant’s delay in asserting its rights, a preliminary injunction will not be granted.</p> <p>[Ed. Note.—For other cases, see Patents, Cent. Dig. §§ 489-495; Dec. Dig. § 301.*</p> <p>Grounds for denial of preliminary injunctions in patent infringement suits, see note to 72 C. G. A. 123.]</p>