IP
WILGUS v. VAN SICKLE
99 F. 443·United States Circuit Court for the Southern District of California·1900
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Opinion
WILGUS v. VAN SICKLE.
(Circuit Court, S. D. California.
January 15, 1900.)
No. 900.
Patents — Suit for Infringement — Temporary Injunction.
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.
This is a suit in equity for infringement of a patent. On motion for preliminary injunction.
Cornelius Cole and Willoughby Cole, for complainant.
Diehl & Chambers, for defendant.
[MAJORITY — WELLBORN, District' Judge.]
WELLBORN, District' Judge.
Application 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.