Nicholl, Inc. v. Schick Dry Shaver, Inc.

This is an appeal from an interlocutory order which, in a patent infringement suit brought by appellees, Schick Dry Shaver, Incorporated, Schick Industries, Limited, and Edises, Incorporated, in the District Court of the United States for the Southern District of California against appellant, Nicholl, Incorporated, an inhabitant of that district, enjoined appellant, pendente lite, from manufacturing, selling, advertising or offering for sale any shaving implement embodying the invention covered by patent No. 1,721,53o 1 and, particularly, the Nicholl Velvet Shaver or the Nicholl Velvet Shaver, Model M.

The sole question is whether, in granting the injunction, the District Court abused its discretion. If not, the order should be affirmed. Kings County Raisin & Fruit Co. v. United States Consolidated Seeded Raisin Co., 9 Cir., 182 F. 59, 60 .

The patent was issued to Jacob Schick on July 23, 1929, and was by him assigned to one Baker, who in turn assigned it to Schick Industries, Limited, of which Schick Dry Shaver, Incorporated, is, in the United States, the sole licensee. Edises, Incorporated, is a sublicensee of Schick Dry Shaver, Incorporated. The title of appellees, as owner,…