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eBook details

• Title: Helene Curtis Industries Inc. v. Sales Affiliates Inc.
• Author : United States Court Of Appeals Second Circuit
• Release Date : January 05, 1957
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 73 KB

Description

The question for decision is this: Where one federal court after protracted and expensive litigation, has already decided that a patent is invalid and has enjoined the defendant-patentee from suing thereon, may that court issue a supplemental injunction enjoining that patentee from suing customers of the plaintiffs under the cloak of another corporate shell in another circuit of our federal judicial system for infringement of a later-issued patent, which is invalid for substantially the same reasons as the earlier patent? We think the answer should be in the affirmative. On principle and logic, and on those precedents which look toward a sensible, flexible and expeditious administration of justice, we hold that the District Court has the power to enjoin the defendants attempt to relitigate already-tried issues. We hold that the District Court should pass upon the Special Masters report, and, if it confirms the findings, it should give appropriate injunctive relief.

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