International Manufacturing Co., Inc., a Corporation, and Rudolfo Jacuzzi, an Individual v. Landon, Inc., a Corporation

We have heretofore ordered the “Application for leave to file petition for a writ of mandamus,” and “Petition for writ of mandamus,” (in the matter entitled “International Manufacturing Co., Inc., a corporation, and Rudolfo Jacuzzi, an individual v. The Honorable George B. Harris, Judge, etc.,” which application for mandamus was heretofore denied by this court after a motion to set aside the-existing order was denied in the court below) as opening briefs on this expedited appeal from the interlocutory order of November 19, 1963, refusing to dissolve an injunction in a patent infringement action. The district court on July 2, 1963 had found appellee’s two patents valid and infringed, and had granted injunctive relief to appellee to make its order effective. This order had become final, because not appealed.

This court is of the opinion:

(a) The district court had the authority to grant the injunctive relief ordered on July 2, 1963 which became final because no appeal was taken. “The infinite variety of situations in which a court of equity may be called upon for interlocutory injunctive relief requires that the court have considerable discretion in fashioning such relief.” Tanner…