Westinghouse Electric & Mfg. Co. v. Royal Weaving Co.

Citations

• 115 F. 733
• 1902 U.S. App. LEXIS 4964

Syllabus

<p>1. Patents — Preliminary Injunction against Infringement — Effect of Prior Adjudications.</p> <p>The decision of a circuit court sustaining the validity of a patent, affirmed by the circuit court of appeals, should be accepted as controlling by a circuit court of another circuit on an application for a preliminary injunction against infringement, in the absence of contrary decisions, unless it is shown not only that new matters and new issues are presented, but that the new matter is such as might require a di if ere at decision as to the validity of the patent.</p> <p>& Same.</p> <p>Where the owner of a patent has established its validity in ably contested litigation, he is entitled to protection of the rights thus established, and should not be refused a preliminary injunction against another infringer merely because of voluminous or complicated matters of defense.</p> <p>I. Same — Anticipation—Electro-Magnetic Motors.</p> <p>The Tesla patents, No. 381,968 and No. 382,279, each for electromagnetic motors, and No. 382,280, for a method of electrical transmission of power, considered on an application for a preliminary injunction, and held not anticipated by the French patents, No-. 161,564, to Dumesnil, or No. 168,172, to Cabanellas.</p>