Welsh Newspapers

Search 15 million Welsh newspaper articles

Hide Articles List

13 articles on this Page

REMARKABLE TRADE TRIAL.j

News
Cite
Share

REMARKABLE TRADE TRIAL. A curious application has been made to the Court of Ex- chequer in the case of the Patent Type Founding Company v. Walter, as follows :— This was an application to the Court for the purpose of obtaining an inspection of the types used in printing the Times newspaper, with a view to ascertain by chemical analysis whether such types were an infringe- ment of the patent claimed by the plaintiffs. It ap- peared that the plaintiffs were a limited company, carrying on the business of type founders, and also work- ing certain patents for "rnprovements in the manufac- ture of type and other raised surfaces for printing," purchased by them. They had taken proceedings both at law and in equity against Messrs- Miller and ilichard, type manufacturers of Edinburgh, for an alleged infringement of their patent. In these pro- ceedings, which were still pending, Messrs. Miller and Richard asserted that the patent of the plaintiffs was bad for want of novelty. It appeared that a large portion of the type used in printing the Times was supplied by them. The plaintiffs had in March, 1859, under the pretext of making a tender for the supply to the TitHes of fresh type, or, as the bill stated, "in the way of business," obtained from the office a sample of type, with a view to ascertaining whether from its composition it waa an infringement of the patent of the plaintiffs, which was based on the particular com- bination of metals used in casting the type. This ,nanipt,ot Was submitted to an analytical chemist for the tm!itose of obtaining an analysis and report as its composition. That gentleman having died in October last without leaving any written report, the plaintiffs had endeavoured' to obtain a fresh sample of type from the Times office. The pro- prietors of the Times, not desiring to enter into the con- troversy between the plaintiffs and Messrs. Miller, re- fused to accede to the application, an action was there- upon commenced at common law by the plaintiffs against Mr. Walter for an alleged infringement of the patent, and proceedings taken to obtain an inspection, and, if accessary, specimens of the Times' types for the purpose of analysis. This application was in effect re- ffijfcd by the Court of Exchequer, and the plaintiffs had then filed a bill, and now moved for an injunction to restrain the use in printing the Times of type made according to the plaintiffs' specification, and also liberty to inspect and take samples for analysis. The "V ice-Chancellor was of opinion that, with re- ferenc'e to the inspection, the Court had jurisdiction to grant the application. There had been no such laches •fcs to amount to a total abandonment by the plaintiffs of their patent right, or to lead the Court to refuse them a perpetual injunction at the hearing after they had established their right at law. The discovery here Bought was not in aid of the proceedings at law, but for the purpose of assisting the Court in coming to a decision at the hearing, and it was only reasonable and right that the case should be put in a form for trial. The order would be that liberty should be given to two persons (named in the order) to inspect the type used m printing the Times newspaper, and that a compe- tent portion (not exceeding 4oz.) of the type which has been used in printing the Times, and which is not re- quired for further use, should be delivered for the purposes of analysis. Costs to be costs in the cause.

MASTERS AND WORKMEN.

-----OUR FACTORY WOMEN AND…

THE BALLOT IN AMERICA.

WHAT NEXT?

--Htkedaiuras fnicllipa.

• AGRICULTURAL SOCIETIES IN…

THE MAID SERVANT WITH A PEARL…

MORE PERSECUTION IN HUNGARY.

A BAR-ROOM DIFFICULTY IN AMERICA.

MANIA IN PARIS,

A KING OF " CLUBS" IN TROUBLE.

[No title]