Campbell Printing-Press & Mfg. Co. v. Manhattan Ry. Co.

• Decision Date: 21 September 1891
• Parties: CAMPBELL PRINTING-PRESS & MANUF'G CO. v. MANHATTAN RY. CO.
• Court: U.S. District Court — Southern District of New York

47 F. 663

CAMPBELL PRINTING-PRESS & MANUF'G CO. v. MANHATTAN RY. CO.

United States Circuit Court, S.D. New York.

September 21, 1891

Chas. De Hart Brower, for complainant.

Davies, Short & Townsend, for defendant.

LACOMBE, Circuit Judge.

The validity of the patent being practically conceded, and it being apparently easy for the defendants to substitute other couplings quite as efficient as the infringing devices, I should be inclined to grant this injunction in such form as would allow the change to be made without undue inconvenience to the traveling public. It appears, however, that complainant is not merely a user of the patented article, but seeks to benefit under the patent by licensing the use of the couplings by others, and that the parties are wide apart in their views as to the proper amount of royalty. If feel constrained, therefore, to refuse a preliminary injunction as against such infringing couplings as are now in use. Hoe v. Knap, 27 F. 204; Hoe v. Daily Advertiser Corp., 14 F. 914; New York Grape Sugar Co. v. American Grape Sugar C Pullman v. Railroad Co., 5 Fed.Rep. 72; Morris v. Lowell Manuf'g Co., 3 Fish.Pat.Cas. 67. Complainant may, however, take an injunction against the use of any others which may infringe his patent, and of course, if he can show any ground for distrusting defendant's ability to pay the damages and profits, may apply for security.