U.S. Court of Appeals for the Second Circuit, 1916

Motion Picture Patents Co. v. Universal Film Mfg. Co.

Motion Picture Patents Co. v. Universal Film Mfg. Co.
U.S. Court of Appeals for the Second Circuit · Decided February 11, 1916
231 F. 701; 145 C.C.A. 587; 1916 U.S. App. LEXIS 1698

Motion Picture Patents Co. v. Universal Film Mfg. Co.

Opinion of the Court

PER CURIAM.

We think the motion should be denied. A stay now would simply postpone the hearing of this appeal. It would not, or at least it may not, determine the complainant’s rights in this case, which is apparently a simple infringement suit based upon a patent owned by the complainant.

The defendants have set up the alleged license agreement, and if they claim under it they cannot attack it. The more orderly and safer way is to let the case proceed on its merits.

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