Pacific Cage & Screen Co. v. Continental Cage Corp.

This is an appeal from an order of the District Court granting a preliminary injunction against defendants in a suit charging them with infringement of a design patent for a bird cage. The record presently before us does not indicate that the appeal is properly taken.

The patent in suit, United States Letters Patent No. Design 177,326, issued to Sidney Herman for “Bird Cage.” The patent was granted April 3, 1956. This action was filed June 22, 1956. Motion was made based upon affidavits for preliminary injunction concurrently with the filing of the complaint. Hearing was had on affidavits and exhibits without oral testimony so far as the record before this Court shows. Preliminary in *88 junction issued October 5, 1956, nunc pro tunc as of August 31, 1956. Findings of fact and conclusions of law were filed September 27, 1956. No docket entry showing date of the preliminary injunction appears. Appeal was taken October 2, 1956, from the minutes of the Clerk, dated September 13, 1956, which state that the “order of July 31, 1956 allowing issuance of Preliminary Injunction, to stand, after hearing motion of defendants and objections thereto on September 10, 1956.” There was a bond…