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32 F.2d 241

Docket No. 4124.

Ditto, Inc. v. Vivid, Inc.

Seventh Circuit Court of Appeals

Decided April 17, 1929.

Seventh Circuit Court of Appeals · decided 1929-04-17

2 counsel of record

Decided 1929-04-17

¶1*242George L. Wilkinson, of Chicago, Ill., for appellant.

¶2Wm. O. Belt, of Chicago, Ill., for appellees.

¶3Before ALSCHULER, PAGE, and ANDERSON, Circuit Judges.

¶4PAGE, Circuit Judge.

¶5It is urged that, it was error to refuse a preliminary injunction.

¶6Although this is an infringement suit, the real questions are: (a) Which of two contracts between plaintiff and defendant Flani-gan covers the alleged infringing device; and (b) have defendants a license?

¶7The first question is in issue in a suit between plaintiff and Flanigan, which was at issue nearly a year before this suit was commenced. If (a) is answered adversely to plaintiff’s contention, then (b) must be answered. The contentions seem to be made in good faith, and they involve the construction of the two contracts. This suit was ■commenced a little more than four months ago, and the patent will expire before this opinion can be announced. Defendants are solvent.

¶8There was no abuse of discretion in deny ing the injunction.

¶9Judgment affirmed.

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