H. Tibbe & Son Manuf'g Co. v. Heineken
U.S. Circuit Court for the District of Southern New York
In Equity. On motion for preliminary injunction. Bill by H. Tibbe & Son Manufacturing Company against William L. Heineken for the infringement of a patent.
1Opinion of the CourtLacombe, J.
This is an application for a preliminary injunction to restrain infringement of letters patent No. 205,816, of July 9, 1878, granted to Henry and Anton Tibbe for “improvement in pipes.” There has been no adjudication in support of the patent, except a decree which, being on consent, need not be regarded. Complainant insists that the validity of the patent has been suitably acquiesced in by the public, showing that its sales of articles covered thereby have run up into tbe millions. The weight of this argument is greatly weakened by the facts shown in defense, viz.: That the defendant has been…
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