131 F. Supp. 146 | S.D.N.Y. | 1955
This is a motion for a preliminary injunction against infringement of a patent on a thread tensioning device for use in sewing machines. The patent was issued in 1938, is scheduled to expire within five months and has remained unadjudicated. Defendants distribute and sell a sewing machine manufactured in Japan and embodying the alleged infringing thread tensioning device:
In support of its application, plaintiff — in addition to relying upon the pleadings and depositions of a defendant — offers two affidavits of attorneys from plaintiff’s own patent department. These affidavits point out the advance of plaintiff’s patent over previous ones in the thread tensioning field, viz., adjustment of some indicator to accommodate variations in tension of the spring employed. Defendants for their part offer a similar affidavit from a patent attorney claiming prior art in six previous patents or in combination of some of the claims of these patents.
Besides plaintiff’s title to the patent in issue, the infringement of that patent by defendant and the probability of irreparable damage to plaintiff unless immediate relief be forthcoming, plaintiff has the burden of establishing by clear and convincing evidence the validity of its patent to qualify for the extraordinary relief sought in this motion.
This is an order. No settlement is necessary.
. Simson Bros., Inc., v. Blancard & Co, Inc, 2 Cir, 22 F.2d 488.
. Stewart Stamping Corp. v. Westchester Products Co, D.C.S.D.N.Y, 119 F.Supp. 92.
. See Huber Baking Co. v. Stroehmann Bros. Co, D.C.S.D.N.Y, 114 F.Supp. 411, 413, affirmed, 2 Cir, 208 F.2d 464.