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169 F. 661

Scott v. Lazell

United States Circuit Court for the Southern District of New York · decided 1909-01-21

<p>Patents (§ 298*)—Suits eob Ineeingement—Pbeliminaby Injunction.</p> <p>A preliminary injunction against infringement of a patent will not be granted, when the question of infringement is irf serious doubt.</p> <p>[Ed. Note.—For other cases, see Patents, Cent. Dig. § 478; Dec. Dig. § 298*</p> <p>Grounds for denial of preliminary injunctions in patent infringement suits, see note to Johnson v. Foos Mfg. Co., 72 C. C. A. 123.]</p>

Cited by 1 later decisions — most recently September 1912

1 district ·

2 counsel of record

Good law ✅— No negative treatment on recordhow we know

Decided 1909-01-21

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¶1Patents (§ 298*)—Suits eob Ineeingement—Pbeliminaby Injunction.

¶2A preliminary injunction against infringement of a patent will not be granted, when the question of infringement is irf serious doubt.

¶3[Ed. Note.—For other cases, see Patents, Cent. Dig. § 478; Dec. Dig. § 298*

¶4Grounds for denial of preliminary injunctions in patent infringement suits, see note to Johnson v. Foos Mfg. Co., 72 C. C. A. 123.]

¶5*662In Equity. On motion for- preliminary injunction.

¶6Macdonald & Macdonald, for complainant.

¶7Grafton E. McGill, for defendants.

¶9NOYES, Circuit Judge.

¶10One of the elements of the claim in question is the series of slits in the lower portion of the bustle connected together at their edges. The defendants’ device does not have this series of slits. Whether the defendants’ method of gathering in the material is an equivalent for them is a question too doub'tful to be determined upon a motion for a preliminary injunction.

¶11The motion is denied.

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