Important patent decision; Brookfield wins suit against Elmer Glass Company for infringement of Kribs patent

IMPORTANT PATENT DECISION.

Result of Litigation in the Famous Insulator

Case, Brookfields vs. Elmer Glass Works.

Perpetual Injunction Granted.

In the suit of the Brookfield Glass Co., of Brooklyn, N. J., against the Elmer Glass Works, Elmer, N. J., for infringement of the United States patent of Kribs, No. 542,565, a decision has been rendered by the Circuit Court of the United States for the district of New Jersey, confirming the validity of this patent and granting a perpetual injunction against the Elmer Glass Works from continuing its infringement. It was shown by the proofs that the Elmer company had used two forms of press in making insulators. The courts has held that one of these presses was an infringement of the patent belonging to the Brookfields, and that in using this press the Elmer company were liable under the United States statutes.

This is the same patent that was involved in the former suit brought by William Brookfield against the Novelty Glass Mfg. Co. which was sustained by Judge Bradford, and under which the Novelty company was enjoined and directed to account for its profits and damages. The result of the former suit was that the Novelty company was shut down and sold out under foreclosure. The decision just rendered in the case against the Elmer Glass Works follows the former decision in adjudging the patent to be a good and valid patent. The validity of the patent has therefore been sustained by two decisions of the Circuit Court for the district of New Jersey.

The form of machine used by the Elmer Glass Works and enjoined under the recent decision was somewhat different from the machine involved in the earlier case, but it has been decided by the court that these differences were immaterial, and that the machine was nevertheless an infringement upon the rights of the Brookfields under this patent, and the court enjoined the further use of this form of press. The Brookfield company claim that the second form of machine is also an infringement of this patent and will take an appeal at once upon this particular part of the case to the United States Circuit Court of Appeals for the third circuit. The members of the Brookfield company assert that upon this appeal the second form of press used by the Elmer Glass Works will be held to be an infringement of the patent and that the Elmer Glass Works will also be perpetually enjoined from the use of this form.