The Fixed Law of Patents : As Established By the Supreme Court of the United States And the Nine Circuit Courts of Appeals
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C. A. 455.
Watch Co. V. Bobbins, 52 Fed. 337.
It is only when the determination of the question whether the injunction was erroneous so requires us to look into the whole case on its merits that we shall feel disposed to follow the course pursued in Richmond v. Atwood, 52 Fed. 10. — Gamewell v. Municipal, 61 Fed. 208; 9 C. C. A. 450.
There "would seem to be some divergence of opinion in the circuit courts of appeals upon the question of the extent to which this court should go in review of an e...xercise of discretion in the court below in granting a pre- liminary injunction. Jones v. Munger, 50 Fed. 785; Watch Co. v. Robbins, 52 Fed. 337; Blount v. Societe, 53 Fed. 98; Consolidated v. Accumulator, 55 Fed. 485; American v. National, 51 Fed. 229; Davis v. Edison, 60 Fed.
276. — Electric v. Edison, 61 Fed. 834; 10 C. C. A. 106.
Where a preliminary injunction is granted upon a prima facie showing and without the determination of the merits, this court will ordinarily, on an appeal, consider only the question as to whether, on the prima facie case made, there has been an abuse of discretion.
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To quickly assess the difficulty of the text, read a short excerpt:
C. A. 455.
Watch Co. V. Bobbins, 52 Fed. 337.
It is only when the determination of the question whether the injunction was erroneous so requires us to look into the whole case on its merits that we shall feel disposed to follow the course pursued in Richmond v. Atwood, 52 Fed. 10. — Gamewell v. Municipal, 61 Fed. 208; 9 C. C. A. 450.
There "would seem to be some divergence of opinion in the circuit courts of appeals upon the question of the extent to which this court should go in review of an e...xercise of discretion in the court below in granting a pre- liminary injunction. Jones v. Munger, 50 Fed. 785; Watch Co. v. Robbins, 52 Fed. 337; Blount v. Societe, 53 Fed. 98; Consolidated v. Accumulator, 55 Fed. 485; American v. National, 51 Fed. 229; Davis v. Edison, 60 Fed.
276. — Electric v. Edison, 61 Fed. 834; 10 C. C. A. 106.
Where a preliminary injunction is granted upon a prima facie showing and without the determination of the merits, this court will ordinarily, on an appeal, consider only the question as to whether, on the prima facie case made, there has been an abuse of discretion.
What to read after The Fixed Law of Patents : As Established By the Supreme Court of the United States And the Nine Circuit Courts of Appeals?
You can find similar books in the "Read Also" column, or choose other free books by United States. Supreme Court to read onlineMoreLess
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