Page:Federal Reporter, 1st Series, Volume 7.djvu/481

 SOHOEBEEN V. SWIFT & COUBTMBT & BSSCHEB 00. 469 �adjudication is not equivalent to one rendered upon final hearing. �The principal reliance of the plaintiff for an injunction is upon the acquiescence of the public in the validity of the pat- ent. It bas been in existence about three years, and during that time the patentee says he bas sold over 600,000 pairs of corsets made in conformity with the patent's description of the invention, and that no infringements have taken place except such as have been abandoned by agreement. The life of the patent |ias not been long, but the sales have cer- tainly been very large, and indicate that the article is very populau, and it seems that its success would naturally have invited imitators. But in the absence of an adjudication made after full ii^v^gtigation of the art and final ,hea,r4ng, I am.veryloth to grant jan injunction, because,^ although this patent may have heretofdre been respected, out of the multi- ttide oif diiietent stylcs oi corsets which have been wprn it Vpuld benot. unlikely that it should hereafter be aacertained that some manufacturer ha/d"made and sold a style \rhdch anticipated the patented article. Itwould be, in my opinion, an un-wise exercise 'of a;Ut|ioi"ity ,t6 iss\^e^a temporary injunc- tion in this case. ' . . .., . :; > /!.: �The motion is denied. ���SCHOEEKEN V. ThB SwiPT &, CollETNET & BeECHBB Co. �• {Oircuit Court, S: S. New Ym-Ti. April 28, 1881.) �1. Patent — JirDiciAL Noticb ofForbign Kations— Comity. �Courts of the United States take judicial. notice of foreign nations and their seals of state, but not of their infericr offlcers or depart- ments and their aeals. �3. FoKEtGiir Patent— Section 893, Rev. St., Constbubd— Authbntica- TioN OF Foreign Patent — Authentication of French Patent. Section 892, Rev. St., provides that copies from the United States patent-office, certifled by the commissioner of patents, shall be evi- dence in all cases where the originals wonld be evidence ; and sec- tion 893, Rev. St., provides that copies of foreign patents, authen- ��� �