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SIMSON BROS. v. BLANCARD & CO.

No. 143.

22 F.2d 498 (1927)

SIMSON BROS., Inc., v. BLANCARD & CO., Inc.

Circuit Court of Appeals, Second Circuit.

November 5, 1927.

Attorney(s) appearing for the Case

Arthur C. Fraser and Fraser, Myers & Manley, all of New York City (Henry Van Arsdale, of New York City, of counsel), for appellant.

Samuel E. Darby, Jr., and Darby & Darby, all of New York City, for appellee.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

L. HAND, Circuit Judge.

We have often said that an injunction pendente lite in a patent suit should not go except when the patent is beyond question valid and infringed. Newhall v. McCabe, etc., Co., 125 F. 919; Hildreth v. Norton, 159 F. 428; Cutter Co. v. Metropolitan Co., 275 F. 158; A. B. Dick Co. v. Barnett, 277 F. 423. The case at bar is far from being such. Felger's ring, if adequately proved, would be a complete anticipation. That appearing in the Boston Jewelry...

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