BLESSING v. GORDON TEXTILE CO.


30 F.Supp. 643 (1939)

BLESSING v. GORDON TEXTILE CO., Inc., et al.

District Court. S. D. New York.

September 5, 1939.


Attorney(s) appearing for the Case

Marshall & Hawley, of New York City, for plaintiff.

Herman Seid, of New York City, for defendants.


CONGER, District Judge.

Motion for preliminary injunction in a patent infringement suit.

Courts should be very careful in granting preliminary injunctions of this type. It is, in effect, pre-judging the case upon the merits, upon affidavits. In order to grant this preliminary injunction, I have to assume that the patent of the plaintiff is valid. In determining the validity of a patent, the court is usually controlled to a large extent, by prior adjudications...

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