Wilgus v. Van Sickle

United States Circuit Court for the Southern District of California

Decided January 15, 1900.)

United States Circuit Court for the Southern District of California · decided 1900-01-15

<p>Patents — Suit for Infringement — Temporary Injunction.</p> <p>Where the validity of complainant’s patent has been successfully assailed in prior suits, although upheld in others, a preliminary injunction against infringement will not be granted.</p>

Cited by 1 later decisions — most recently October 1915

1 district ·

2 counsel of record

Good law ✅— No negative treatment on recordhow we know

Decided 1900-01-15

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¶1Patents — Suit for Infringement — Temporary Injunction.

¶2Where the validity of complainant’s patent has been successfully assailed in prior suits, although upheld in others, a preliminary injunction against infringement will not be granted.

¶3This is a suit in equity for infringement of a patent. On motion for preliminary injunction.

¶4Cornelius Cole and Willoughby Cole, for complainant.

¶5Diehl & Chambers, for defendant.

¶6WELLBORN, District' Judge.

¶7Application for temporary injunction against alleged infringements of patent. While the validity of complainant’s patent has been upheld in several suits, 'it has been successfully assailed in two. Under (hese circumstances, a temporary injunction ought not to he granted, and the application therefor will be denied.