Consolidated Fastener Co. v. American Fastener Co.
U.S. Circuit Court for the District of Northern New York
This was a suit in equity by the Consolidated Fastener Company against the American Fastener Company for alleged infringement of a patent. The cause was heard on a motion for preliminary injunction.
1Opinion of the Court
COXE, District Judge.
This is a motion for a preliminary injunction seeking to restrain the infringement of the first claim of letters patent No. 437,101, granted to Albert Cr. Mead, September 23, 1890, and now owned by the complainant.
The patent has never been adjudicated. There has been no general acquiescence. Infringement is stoutly denied. Where these conditions concur the rule is well nigh universal that a preliminary injunction should not issue. Smith v. Meriden Britannia Co., 92 Fed. 1003, and cases cited.
In order to take the place of an adjudication acquiescence must be long continued…
2Cases cited1 opinion
- Smith v. Meriden Britannia Co.U.S. Circuit Court for the District of Connecticut · 1899
3Cited by6 opinions
- City of Grand Rapids v. Warren Bros.Court of Appeals for the Sixth Circuit · 1912
- American Coat Pad Co. of Baltimore City v. Phœnix Pad Co.Court of Appeals for the Fourth Circuit · 1902
- Bradley v. EcclesU.S. Circuit Court for the District of Northern New York · 1903
- Standard Roller Bearing Co. v. Hess-Bright Mfg. Co.U.S. Circuit Court for the District of Eastern Pennsylvania · 1906
- Keasbey v. Philip Carey Mfg. Co.U.S. Circuit Court for the District of Southern New York · 1901
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