(5) (Denial of any other matter of fact affecting the validity of the patent). (6) The patent was not assigned to the plaintiff. PARTICULARS OF OBJECTIONS. In the High Court of Justice, Chancery Division. Between Albert Jones, Plaintiff, and William Dickson, Defendant. Take notice, that the defendant will, on the trial of this cause, rely on the following objections to the validity of the letters patent sued upon: (1) The said Albert Jones was not the true and first inventor of the alleged invention. The true and first inventor thereof was Richard Roe of 36 Oxford St., London. (2) The said alleged invention was not new at the date of the said letters patent. It had been published: (a) By the public manufacture, sale and use of drilling machines constructed in accordance with the said invention from the year 1899 to the present day at Huddersfield by the defendant, and also by James E. Smith, of Bolton, Lanes. Machines so manufactured are now in existence and may be inspected by the plaintiff at 17 Oxford Street, London. (b) By the public manufacture, sale and use of machines constructed in accordance with the said invention from the year 1902 to the year 1905 at Lincoln by William Thompson, of Lincoln. The said articles are no longer in existence. A description and drawings of the said articles are delivered with these particulars. (c) By the public manufacture, sale and use of machines by means of the patented process at Bolton by John Thomas of Bolton, from the year 1896 until the year 1898. A description of the said process of William Harris, of Bolton. The defendant will endeavor to obtain inspection of the apparatus by the plaintiff. (d) By the deposit in the Patent Office Library of the following specification of letters patent granted in foreign countries: (f) By the deposit in the Library of the British Museums in the year 1897 of a work bearing the title "DRILLS AND DRILLING MACHINERY" by William E. Vassas, and in particular by the passage commencing at p. 76, line 7 and ending at p. 80, 1.14. (3) The said alleged invention was not proper subject-matter for letters patent having regard to the common general knowledge at the date thereof. The defendant will rely upon the specifications set forth under paragraph 2 hereof as part of the common general knowledge of the art. (4) The said alleged invention was not useful. (5) The specification is insufficient to enable the invention properly to be carried into effect. The plaintiffs will rely upon the passage of p. 2, 1.14 to p. 3, 1.3, wherein no sufficient directions are given for causing the cam J to effect the required movement. (6) The specification gives directions which are misleading and dangerous. If the directions on p. 3, 1.12 to p. 3, 1.24, are carried out, the machines will not work. (7) The subject-matter of the said letters patent was the subjectmatter of a prior grant of letters patent to William Davis dated January 2d, 1907, and numbered 368 of 1907, which letters patent were and are good and valid. DECREE. In the High Court of Justice, Chancery Division. 1911 C. No. 326. COLMAN and others v. COOK & CO. NOTICE is hereby given that on the 6th day of November, 1912, it was ordered 1. That the above-named defendants, Cook & Co., and their servants and agents should be PERPETUALLY RESTRAINED FROM INFRINGING the Plaintiff's Letters Patent No. 18778 of the year 1900 and No. 2311 of the year 1903. 2. That an inquiry should be made as to what damages the Plaintiffs had sustained by reason of the Defendants' infringement and that the Defendants should PAY SUCH DAMAGES when ascertained. 3. That the Defendants should forthwith upon oath DELIVER UP to the Plaintiffs or BREAK UP or otherwise RENDER UNFIT FOR USE all knotting machines or parts of knotting machines manufactured or let for hire by or by the use of the Defendants in infringement of the aforesaid Letters Patent which are in the possession, custody or power of the Defendants or their servants or agents. 4. That the Defendants should PAY THE TAXED COSTS of the action. Plaintiffs' Solicitors. FORM XIII.—BILL IN EQUITY IN PATENT CASE WITH ALLEGATIONS TO SUPPORT INTERLOCUTORY INJUNCTION. In the District Court of the United States, Northern District of Illinois, Eastern Division. A. SCHRADER'S SON, INCORPORATED PROTEX MFG. COMPANY. In Equity 1064 on U. S. Patent No. The Plaintiff, for its bill of complaint, alleges: FIRST: That it is a corporation duly organized and existing under and by virtue of the laws of the State of New York, and a citizen and resident of said State, and that on information and belief the abovenamed Defendant, PROTEX MFG. COMPANY, is a corporation organ ized and existing under the laws of the State of Illinois and a citizen of said last-named State and a resident and inhabitant of the Northern District of Illinois, Eastern Division, having a regular and established place of business at Chicago, in the County of Cook, in said Eastern Division, where it has committed the acts of infringement hereinafter complained of. SECOND: That this suit is brought under the patent laws of the United States for the infringement of Letters Patent, wherein the jurisdiction of the Court depends upon the subject-matter. THIRD: That on or about the 9th day of October, A. D. 1908, CHARLES R. TWITCHELL, being within the meaning of the statutes of the United States then in force, the original, sole and first inventor or discoverer of certain improvements in Pressure Gauges for Pneumatic Tires, and being entitled to a patent therefor under the provisions of said statutes, duly filed in the United States Patent Office an application for Letters Patent for said invention, and that on the 6th day of July, 1909, all the requirements of the statutes then in force having been complied with, Letters Patent of the United States No. 927,298 were duly issued on said application to said Charles R. Twitchell, a copy of which Letters Patent is hereto attached, and marked "Exhibit A," and prayed to be taken as part hereof. FOURTH: That the validity of said Letters Patent numbered 927,298, has been sustained by a decree of the United States Circuit Court, Southern District of California, Southern Division, in a suit between Charles R. Twitchell and the Northam Auto Pressure Gage Company, wherein the defendant was charged with infringing claims 1, 2, 3 and 4 of said patent; that defendant's article was made according to Letters Patent No. 948,526 of February 8, 1910; that at final hearing on pleading and proofs which occupied two full days the Court in an oral opinion sustained the validity of said Letters Patent and held that the defendant had infringed claims 1, 2, 3 and 4 thereof, as will more fully and at large appear from a certified copy of the decree of said Court here in Court to be produced and prayed to be taken as part hereof. FIFTH: That the validity of said Letters Patent 927,298 has been sustained by the Supreme Court of the District of Columbia in a suit between the said Charles R. Twitchell and the Rudolph & West Company, a corporation organized and existing under the laws of the District of Columbia, wherein defendant was charged with infringing claims 1, 2, and 3 of said patent; that on final hearing on pleadings and proofs the said Court decided in favor of said Twitchell on October 26, 1911, as will appear from the opinion of His Honor Judge Clabaugh (Commissioner's Decisions 1912, page 417) (Official Gazette, Vol. 177, page 527), and on October 30, 1911, authorized a decree holding said Letters Patent valid and infringed, which decree was duly entered, as will more fully and at large appear from a certified copy of the decree of said Court here in Court to be produced, and prayed to be taken as part hereof. SIXTH: That on May 18, 1911, the said Charles R. Twitchell instituted suit in the United States Circuit Court for the Southern District of New York against the Prest-O-Lite Company, a corporation organized and existing under and by virtue of the laws of the State of New York, charging infringement of said Letters Patent by the sale of pressure gauges in violation of the rights of the said Charles R. Twitchell and that a decree pro confesso was entered by said Court on September 22, 1911, and still remains in full force and effect. SEVENTH: That on September 19, 1911, in the United States Circuit Court for the Southern District of New York the said Charles R. Twitchell entered suit against the New York Sporting Goods Company, a corporation of the State of New York, charging the said defendant with the sale of pressure gauges in violation of rights of the said Charles R. Twitchell under said Letters Patent; that said New York Sporting Goods Company duly entered its appearance by counsel, but filed no answer, plea, or demurrer to the bill of complaint, wherefore, a final decree, authorizing a perpetual injunction was entered in said cause on February 20, 1912, as will more fully and at large appear from a certified copy of the decree of said Court here in Court to be produced, and prayed to be taken as part hereof. EIGHTH: That on or about the 26th day of October, 1911, in the United States Circuit Court for the Southern District of New York, said Charles R. Twitchell entered suit against the Allen Auto Specialty Company, a corporation of the State of New York, charging said defendant with the sale of pressure gauges in violation of rights of the said Charles R. Twitchell under said Letters Patent; that said Allen Auto Specialty Company duly entered its appearance by counsel and filed an answer to said complaint but thereafter recognized the validity of said Letters Patent and its infringement by said Allen Auto Specialty Company, and was granted a license under said Letters Patent empowering it upon the payment of stipulated royalties to manufacture and sell its said pressure gauge, which license the said Allen Auto Specialty Company has continued to operate under down to the present time. NINTH: That on or about the 26th day of October, 1911, in the United States Circuit Court, for the Southern District of New York, the said Charles R. Twitchell entered suit against A. Schrader's Son, Inc., a corporation of the State of New York (the present plaintiff herein) charging said A. Schrader's Son, Inc., with the sale of pressure gauges known as "Schrader Universal Tire Pressure Gauges' in violation of the rights of said Charles R. Twitchell under said Letters Patent; that said A. Schrader's Son, Inc., duly entered its appearance by counsel and duly filed its answer to said bill of complaint; that before such cause came on for trial said A. Schrader's Son, Inc. (the present plaintiff) acquired the entire right, title and interest in and to said Letters Patent in the manner set forth in Paragraphs Ten and Eleven hereof. TENTH: That on or about the 12th day of February, 1912, the said Charles R. Twitchell by an instrument in writing, dated on or about said day, and duly executed and delivered to the City Real Estate Company, a corporation of the State of New York (acting as trustee for the plain tiff herein), sold, assigned, transferred and set over unto the said City Real Estate Company, the entire right, title and interest in and to said Letters Patent No. 927,298, as will more fully appear from a certified copy of said assignment here in Court to be produced, and prayed to be taken as part hereof. ELEVENTH: That thereafter, to wit: on or about the 20th day of August, 1912, plaintiff's trustee, the said City Real Estate Company, by an instrument in writing, dated on or about said day, and duly executed and delivered to Plaintiff, sold, assigned, transferred and set over to plaintiff the entire right, title and interest in and to said Letters Patent No. 927,298, and that plaintiff is now the owner of said Letters Patent and of all rights of action, claims, or demands thereunder, and for infringement of said patent as will more fully appear from a certified copy of said assignment here in Court to be produced, and prayed to be taken as part hereof. TWELFTH: That on or about the 21st day of October, 1912, plaintiff instituted suit in the United States Circuit Court for the Northern District of Illinois, Eastern Division, against E. Edelmann & Company, a corporation of Illinois, charging infringement of said Letters Patent by the sale of Pressure Gauges in violation of plaintiff's rights; that in said suit plaintiff duly moved for a preliminary injunction against said E. Edelmann & Company, which motion was heard before His Honor, Judge Landis, on or about the 16th day of December, 1912; that said E. Edelmann & Company duly appeared by counsel and fully presented its defense to said motion; thereupon the Court granted said motion and authorized a decree, dated the 16th day of December, 1912, holding said Letters Patent valid and infringed; as will more fully and at large appear from a certified copy of said decree here in Court to be produced, and prayed to be taken as part hereof. That thereupon and on the 6th day of January, 1913, said E. Edelmann & Company entered an appeal to the United States Circuit Court of Appeals for the Seventh Circuit, which appeal was allowed by His Honor, Judge Carpenter, on the 6th day of January, 1913; that after briefs on appeal for the plaintiff and defendant had been duly presented and filed, said appeal was withdrawn by said defendant on or about the 7th day of April, 1913, and that on or about the 14th day of April, 1913, a final decree was entered in said cause, as will more fully and at large appear from a certified copy of said decree here in Court to be produced, and prayed to be taken as part hereof. THIRTEENTH: That on or about the 2nd day of April, 1914, the plaintiff instituted a suit in the United States District Court for the Southern District of New York against the 35% Automobile Supply Company, a corporation organized and existing under and by virtue of the laws of New York, charging infringement of said Letters Patent by the sale of pressure gauges in violation of plaintiff's rights. Answer in said suit was filed on or about April 24, 1914, preliminary injunction was issued by said Court July 22, 1914, an interlocutory decree by default |