Brookfield's Kribs patent validity confirmed in case against Elmer Glass Works

VALIDITY OF PATENT CONFIRMED

The Brookfields Win in Their Suit Against the Elmer Glass Works. In the suit of the Brookfields against the Elmer Glass Works for infringement if the U.S. Patent of Kribs No. 542,565, a decision has just 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 its insulators. The Court 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 had made itself 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 shot 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 one. 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 right of Brookfields under this patent, and the Court has enjoined the further use of this form of press. The Brookfield company claims that the second form of machine is also an infringement of this patent, and intends to 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 Brookfield company is confident that upon this appeal the second form of press used by the Elmer Glass Works will also be held to be an infringement of the patent, and that the Elmer Glass Works will also be perpetually enjoined from the use even of this form.