The New York Herald Newspaper, June 26, 1852, Page 7

— ee and Day con!! never heve disturbed him* ly, he bad something ander whieh be cea'd next place to show, by reading a doeumont or two,'{ cation of hearing him toabify, an] that found Tugated ode? and when ho meansto say—and Tub} | another— and interpret it as, the whole,» bill | wordsbifirms tha! tis patent is vatid; ten, in on pont the meaning of wh ich ny Hae mistaken, that | the ivsee sgaines bin i PRE A } mit thatthe does moan tv say—that, pete him | for an injunetion inst an in 3 and thea | action directly om the transaction containing that these men are our antagonists this day in this court, ‘The Jupoa—Wiull surte one furoieh in with tho | lies, against all vew inventions, against all im~)| they say against all theso considerations—“ The set- | acknowledgement in form, it binds. yoar vk, aud my client then when he thought he was and ‘tis of behalf of wl este moron whom ‘oae of | notes of my charge ¢u Lhe former trial H orcas age at_ everybody, irerh ahere, a0 far as | tlement itself, pleaded and proved, seas ye from | ip the second Adolphus and Bilix, ou the | g thing a Mght against the world to msouficinre eur honors bai oveasion to make some observa Mr. Yau Winkle bero handed a printed copy to ES (Goodyear) is coneorned, Day shall have tao | the privilege portaining to ery body @ trial Hindmarch 215, 00d Rowman & foylor, | corragated goods, » the three licenses wero s—it is on their beualf, that it is alleged that | the Judge entire market for shirred or oorrugated goods—that | of the validity of the patent wl Fay thus alle, even that, however, concludes only ax in the pre- | bonght off, other men laced in these My. Day’s covenant, the fruitsand benefit of whicd My Cuoiru-—T shouli have asked leave, if Thad | is to sey, whatsoever goos by the name of shirred | to, oftings on @ previous pasent for the samo fa- | ceding case, and is er diree’» om the sottleme | to work sgaiost him The third fact ia, that they they havo deprived him of, is sill binding on him. | thought it perisetiy wppropriate, and entirely doli- | goods, whatsoever is known by the jobber or gene- bric.” To that very general view, may it please | whieh he can address hi #6 that therdofeondant | broke these recitals, and these covenants, in : ~ Pheso threo mon, or three conserns—the No var! to have been pormnsted to read from tho | ral deuler ag shirred goods, whatsoever fills tho | your honors, I have only oue or two more words to | may know what he i+ doin ut (ie defendant ean | sane metter ot the licenses granted to 5 Compsny, tho Onderdons Company, and soneboty | Judge's charge. These lieenseos, sir, are tho plain- | svme place, whatsoever meets the same demands, | Say, and then I shall be very nearly ready to relieve | eome in, responsive on bis oath to Uh hat | Harki the Slet of October, 1839. Goedyear ele—ibree persons who have hoped to find favor in | tits in shig case, I bave thus fur, may it please cho ; Whatevever gives employment to she samo ma- | the patience of the Court. " Before I from thio | iscbarged. The caso of Meoson & Weley, 2, & | undertook ‘0 wet that license ap, or the settlement ! this court, perhaps generally, personally respeviabte, | Court. really done no more than to eall the asten- | chinery—that is to say, cloth made elastie by a | Matier of the single covenant, I repent in a | conclusive that it comesatter atl to be only evideae would se good for nothing He never did got it ap. beyond all douts practised the growest aud shale titu of your honors to tho fact that here was 2 | union with India rubber cords—whusoever comes | single view what Thave before said in to to the jury, just exactly whore it all ©: to gy. | It stands to this day. It seems that Haskins lowest fraud upow a plain and clowr groomont that | failure to aiferd Day proteetion for two years and | into competition with that form of trade infringes | snd that ic—I think, upon their own exhibition of | On recital in terms, Lund on Patents, 212, is high #esigres it to Mr. Baldwin, on a matter of indebte Was ever ostablished in a court of ju and it is | th nivut that cortuin consequences flowed | on my patent, and T will notaid it. That, I sub- | evidence, and upon the cireumstances, it is vory | authority. Now, howe that is ! edn it it, by the consent to thet very fraud, aud the results and conseqaences | from that failure to pro‘ect, rendering it inequita- | mit, is the spirit of Goodyear’s covenant with us. I | manifest that Mr, Day went into the settlement in | doetrine, and a direct adm ood | of Has cliateral security to ona Comins. of it, thay Mir Day's position from that time isto be | dle, in the,contemplution of the Court of Cha ieery, | think I bave not overstated its effect and meaning; | good faith, and with an intent to stand by it. Ido | year's patent is valid—supposing it to bo law that | While it lay in © is as collateral sseurity aseribed In tha first place, T submit that the vy to undertake, after that time, to volunteer prove: | Wat I wish now to cull the attention of the Court | Not lay my finger upon a scintilla of evidence of | that ft rsa Linds in the direct proceeding, there Mr. Goodyear ca ins to negotiate an ex- diet on tho second issue fads this matter of fast; and | tion, ond revive a covenant which bad, by its very | one instant to the terms of it—pages 40 and 41 of | mental reservation not to keep it to more than the | is not the lonst (raco of such a recital from the bo» | tinetion of the Hoonse souted, w re con- im the next piace, the evidence shows it, Ta'ce | terms, so long lata dead. T have thus fur boen a3 | the brief Goodyear's covenant, therefore, is not | letter of it--not to koep it to the very spirit of the | ginning to the ead; om he contrary, it is perfeetly vey the license, withoutseai—w thout conaideration Verd & Co. for instance We have made 20 | suming that the plaintifY had valid and good proof | merely that he would not permit any one elso to in- | agreement. Thoy themselves read ‘no such evi- | clear that the parties meant to holt their tongars. partial sort of document, what ho called a re as- to a witnoss by the name of Rigby, in th thut after the Ist of January, 1819, he did wake | fringe upon his patent, because he might import | dence--or, at least, only such irrelevant matter | There is not one word about ite | valid, tof louse or a license, originally made to Tame of Defendant’s idenre, pago 4 2 | up, aithongh a little late, to the duty of protection; | manntuctured goods, but I (Mr. Day) may say to -It appears that immediately after the | On the contrary, *o far from that, may it proase the _ Now, wo such lease or Heense was our honors Will fiud puts it at rest for Ford & but [have now the honor to bring to your notivs, | you, I believe you covenanted to protect me. How- | settlement, Day united with Goodyear in an | Court, Loere ix a dircet F pereeinen in the settlement, him and Baldwin, It dose hat says that witness? Fie says he was with chit | so far from this being true, the great fact which | ever that may be, into whatever hunds of piracy or | advertisement—probably not expressing his own that Mr. Day isto be discharged altogether, when- at the time whea this re-aseign company from August, 1845, to March 1817, He | etands outonthe equities of this case, that after | ingenuity you may fall elsewhere, so tar as I | private opinion, probably still retaining 2 doubt | ever by any proe band socuted ented, it was ene of no atility, aa the li- ere that he heard of the agreement that along in | they had, in this way, driven Mr. Dry from lis | am concerned, you shall havo, unembarrassed | that Goodyear was the original and first’ in- | in any judicature L Goodyear’s pasted beyond bis own contrel. Your @ fall of that year they would terminate thoir | business, as mach as though thoy had barned his | by competition, any form and every fourm | ventor—but by the importunatencas of his | patente are not volid in ly my learne: way think we are a great patent labors; that about the time when he first heard of | buiddings over his hea, ana expelled him trom New | of every fabrie which may properly be called | representations, and the array of his proofs, | friends do not quite agree that there ie not a recital | eause inte pretty minute toe ities; but I reeol- that agreement, there was a great and sudden Jersey, Mr. Day devoted himself toa new doserip- | in the market shirred or corrugated goods, | he bad brought Mr. Day to the conclusion that it | that this patent is valid. It roads “ whereas ho” | leot that a great Judge—the greatest of the day —~ qrease of their foro, a great inevease ia the hoarsaf | tion of the ianufactare of shirred Ladia rubber | and I will not even lend my aid or assistance in the | would be better to adjust or blond his interests and | what? made an invention? Not a bit of it; bat that Maeachucetts ever produced —said once that their labor, a grow: inersase in the quantity of the | gocds--ro anarticle known ag Congress boots aud | importation of Boy iecrption of shirred goods | objects with Goodyear’s, and thereupon they united | ‘ whereas he,” &e. ‘The parties are entirely sileat | if a mon was ever permitted to cavil and prosg teeh- shirred or corrugated goods got ready to be malo | shoes’ gores; that is to say, a tabric of shirred goods, | Which comes into competition with those you manus | in xn advertivement, which may, or not, bo pretty on the question whether these patents are valid or wiealities, surely be migut eavil for his life. We inte ruspenders; that orders all at once which is established for the purpose of making a | fucture. Well, now PE ancnia be very glad to know | strong in its terms for an advertisoment, expressin, not. ‘They themselves admit, aod it is made por: \F ctnicalitios to cho end that we may be a go to work with al! (heir forces, heeause new Aeseription of boot or shoe. Driven from sus- | whether these goods exhibited hore are not shirred | the mutual will and interost of the new friends. feetly clear in the case of Hayward, that some of | permitted to prove the truth in a court of law, get done manufacturing by sach a time; that thoy | penders, they could not drive Mr. Day inte a desere | goods. Does anybody deny it on the part of the | think it the last thing iu the world that should be | these patents were certainly invented by him, aud, | beeaure the proof of the truth in a court of law is gaid thoy hid Ce loave to shir what stock they Lid | tion of the settlement. He still adhered tohisdury, | plaintiff? objected against Alr. Day. They say he did not | therefore, though there isa recital that Goodyear | necessary to secure the defendant of the cause tho on hand, and that was true, within certain limits; | to his right of shirring Although they had com- Mr. Jupson—Yees, sir. stamp his goody frow the start, according to the , had them, there is no recital that Goodyear mele ee and labor of bis Therefore we are toaeh- dat on that permission they proceeded to bay in | polled hin to abandon the old torm of it, still he did Mr. Cuoats—We proved by numberless witnosse: contraet; but we are attended with the proof that them. — It is, therefore, alio muri. But, wndoubt- | ing the humanity~ yl forbid we should Ln it, large quantities ef new stoci, an) before the begin- | uot Jove at once to repudiate the contract, reeog- | persons of entire respectability, perfectly acqaainte he did 80 stamp hie goods, and the evidonce, relied | edly, the question of whether the titles to. the saving oor life by borrowing anybody's knife or ningof the your, twenty-five or thirty thousand yards | pizcd its validity a8 an honost, honorable man, and | 19 the markets of the great cities with goods of this | on by my brovhor in his opening, was ontirely mis- | tents are good or not, may be dismissed, There iy | avybody » teeth to unfaston oar banda, abd be sive of new and raw material were finished by them; | 2aid to himself, iff cannot make shirred goods in the | description, that these goods, manufactured by Solis, | taken. From the moment the agreemont was made, | an expression a little Solow that, Tam sorry, | us our natural wespons of defence, and daylight to that they began to work exira ull at ove’; alvays | form contemplated by the partios, E will come ag | are called everwhere shirred or corrugated goods; | Mr Pay himself complied with ull its requicements, | found its way there; but, your honors will ro | ure them in. That ieall we are doing in this enge. till midnight, often ail night. Christmas poturned, | near to it as ais in the form ofother shirrod goods | they avswer to thut denomination exactly as Me. | and this stumping of his goods among thom, and | member, it is an encounter of technicality, by | There ss ene other gromad on whieh | res aed the daylight dawn of the now your tell on thor another application. And this man, who is said to | Day’s; they fill the same demand, they afford the | they show not one single proof of infidelity to it, | which thoy press us agwinst breaches of equitae | submit thet this estopel showd he sor at large, wabaptized labors. On the testimony of this wit- flueneed by wental reservations, with au in- | same supply, that is to say, these witnesses proved | until be found that the object for which he had paid | ble conduct scarcely creditable in or out of a court | and that is the re lene 4 patent. After eur settle. esa, they were worked secretly, and tho mashinery | tention to cheat—this man, whom the licenseos have | that they are cloth made elastic by an iagenious | his $5,000—tbat is to say, whut thoy call amono- | of law. I want to find the passage in which # dis- | ment was made with Mr. Goodyear, be surrendered was in constant toil. That isthe testimony of Righy | deneunced in such terms as the beach may em- | preparation and union of it with rubber. [think I | poly, if they please—was a failure. { think your | tinction between having and owning istakea by the | bie eld peteot and obtained # new one, which & eoncerning the performances of Ford & Uo., and it | ploy towards those very licensees, as having eun- | Will read two or three names of the witnesses. Here | bovors will find that down to a comparatively late | very ususloguendt. It is where we find them talke | submit iy goo! for nothing in point ef law. Now, is supported by other wicucsses I class the evido ningly and fraudently voided their own contracts | is Wm. Ward, ke says ‘1 call Solis’s fabrics shirred | period, Mr. Day was sensitive and manly upon the | ing in their own way of the difference betwoon tho | we agreed on the original settlement, that he might 80 48 to include the witnesses who sp —this man, whom they charge with mental reserva- | goods.” Stephen Bogardus says, ‘I call Solis’s | obligations of his license. How eleo will they | inventor of a matter and the possessor, aud the very | surrender the firet patent aud reissue ry rations of the Newark cempany. We eallet soy tions and intentions to cheat, I say, when driven | Manufactures shirred goods.” Se Kent, Townsend, | account for the fact that, findiug his business on | use of speech by the parties themselves explains the | f he could make usa party (o the re issued patent. witnesses also—referred to, by name and pago upon | trom that form of corrugated manufacture just took | Calhoun, Bliss and Rolla and Humphroy, all | suspenders broken down, Mr. Day applied himseif | language here employed, (page 41 of the bill,) diss | But ef course may it pleat your henors, if by the the book of vecords—tive of ‘whom were in Ui znother. I hope the licenseos lothim alone, and that | call them “shirred goods” They are identically | to «nother form of corrugated yoods, before he was | tinguishing entirely between his holding or owning | eurrender of (hot aret patent, and the ro-igmue of a jeyment of this very company during the Goodyear protected him in that other. Bat let us | the some in every man’s judgment. They aro | willing to pass out of the limits of bis license ? | ing the inventor thereof, T hope that ar, new ove, he obtains » patent which is werthloss in 346 avd 1817, who kuow und’ swe see. “No; he encountered in that new field a compe- | shirred goods, that is to ‘say, they ure cloth | He iniended to abide by the vdjastment, and | ment is entirely decisive on tho very marrow tectul- point of law, then the whole basiy of the prior ad- aswellas their more open oper: Ove tition more cunning, more shallow, more mischie- | brought, in an unnaturally compressed state, in | did so wntil ho began toe remark the fla- | cality to whichitappli-d,to wit, what their ownuse | justmert iv token from r our feet. We got seven witnesses, though not in their employ, buying | vous, than ho had met on the field of the sasponders, | unison with India rubber. If tho Court should | grant breaches and Violations of it on the speech shows clearly, that holding and owaing ace | from bi » valid patent at sold us a good pa- -ofthem from time to time, aud knowiag exas and on that new field of competition, instead of hav- | see that hero is probable evideneo that Mr. Good- | other side. Then at last he repudiated it. The. not inventing, and therefore, the recital that wher- | tent—and if he y ® surrender or re- the goods they mado; and ano'her of them oecasioa- | ing merely the licensees to combat with, ho had | year, by Mx. Judson, did directly aid and abot | compare this broken agreement to the caso ofa land- | ever the covenant comes, it controls all these vights, | istue, why tho matter ioatanend. [Us in ally selling them the raw ant ‘The rosu't is, | Goodyear himeelf, by his agent aud associate, Mr, | in the manutueture of this article, und if they find | lord and tenant. I should be very glad to have | isdversointutu, but is totally silent whether ornot | the firet_ploce, that thie re issued patent a void it that each one of ali thease witae knew of these | Juvson—his agent, coadiutor, and associate for | there is at least a balance of evidence that these | them point to anything Mr. Day did, that would | hewas the true and firstinventor, Now let me add, if tent, becouse it yparent to che Court apen the transactions, unpleasant to everybody and itable | many years--Mr Judson direetly aiding aud abot- | goods were called and known iny trade as shirred or | make the case at ail parallel to the supposed case of | your honor pleases, that these eases, to whieh re- | face of it, Itt not for the same invention as the tenebody, These witne prove that these porsons | ting in the competition w hho was how bogin- | corrugated goods, Lapprebend they would not give | a vielated lense, When he found how fraudulently | ference has been given, are all cases whieh would i 1 patent of IMM. The original patent of entered into an azccement to suivonlerthoir feoaas | ning to enter Now, may it please the Court, the | any elicet, au the form of an estopel, to the prayer | they were working wndor these licensos—how rapid- | do good to the heart of old Si y Lord was fore triple compound of rubber, sulphur nity | ly they were filling the ket, afver thoir term of | Coke, if they could come out of ir graves aa they | and lead, artificially heate The re-issued patent ibly, early in | to inquire beforo a jury whether they are ed | labor ‘had expired—when he tound that, by that | went into them. They were divest a derminus | of 1°49 is not only Tor that triple com thus little indistinct--bat | goods. Goodyear alone could sue Solis, and he | fraud on him, their competition with him, by means | Uuat the patent was valid, leaving it certain | artificially her'ed, but it i for rabber, salpbur, and Day disappears as a sua- | would not suc him. We chose the spevific alterna- | of Geodyear’s fuilure to protect kim, was becoming | that there was no mannor of question that the | eompemded in any proportions, and artificially Mr. Richard || ot ‘this bill, until they had given us au oppor netnredly, but, perhaps, impradently, Mr. Day was | Solis, from sometime in 1843, or, po willing that they shouid work up the stock they had | the year 1449—the time then on hand, that they should work it up, a3 thoy | just’ about the time Mr ‘4 | and lubors on the Sist of Decombor, 1846. Good- | prool is exactly this: that a cert | Bad been accustomed to do their work, 30 that the | pender maker, and emerges asa maker of Congress | tive; we extingaished his competition, by buying | absolutely rainous--I sive Lo very glad to seo | parties were directed to that vory idea, and | heated in uny menner—by steam or heat in any manufacture of suspenders might go on part passe | boots—jnst nbout that time, this Mr. Richard Solis | his pretended patent... Now, I have another word | them, alverhe bad beondriven into an abandonment | to that alone. I submit, then, that there ix / of ite er o that (he Court, perceives the with tho Manutucture of the fabric, expecting to | n is appe in the m: 3 the mann- | to say about Solis’s infringement, and I respectfully | of the agreement, aud inte a repudiation of his con- | nothing on the papers here in the least degree claim. In the five years it is find, not thut thoy should enlarge their operations, | fasturer and vendor of a form of shirred or submit to the Cours, that a more palpable infringo- | tract--1 should be very glad if they ean show one | Tesembiing the cases they have referred to. It is +0 a! Lo embrece and cover, net after working up their raw material and saving it | gated goods, which they called delicatoly * biased | ment ona patent was never presouted to the just | thing that he did to violate his agreoment. He bas | equafly well settled, if the Conrt please, in the next | norrow artifelally heated compound whieh he from wasto, but that bo should, in good faith, tiad | pods,” and he proceeds to the maanfuctare of an | animadversion of a court administering the patent | not got from them a single specimen of Iudia rubber | plive, that the mere acceptance of a license, and | and claimed t. 12M, bat the compound (omi himself on the first of January, 1317, enteriag, un- | article cunningly made, and a little different from | Jaws in the United States. The very instant it was | goods to introduce to your honors. He did not pre- | the promise to paya tavift, does not conclude the | one of tts clemeuts) of rubber and sulphur, wil enoumbered, uvembarrassed, sind unimpoded, upon | Goodyear’s corrngated goods, but the merest and | brought to Mr. Goodyear’s notice, instead of figur- | serve a sing] i lors, nor a coat, nor any | party to dispute the validity of the patent—i whatever other ingredients iteoMd be eompor & business field which he had paid valaable eonsi- | shallowest infringement en Goodyear’s patent ever | ing up the profits, gelling threads, and abetting in ps not retain a ma- | question which is now supposed to be before with; ant our argument is, in general, that these deration for over aud over again. Thoy made that | attempted, which he was called on to prosecute as | the manufacturing of it, he should have prosecuted | chine, nor any secret of their art, for it was known | Cowit. Whether the covenant or eontract to pay | appear on the face of the patents to be different in- Sgreement with aT apy a6 it wich Good- | an infringement. Ho entored into this new form of | it, or else the dury to afford protection is a nullity, | though the poteut lo everybody. Ho retains no | tor # license ean be enforced on a proper bill, and | ventions. That pont T to my sasoeiate to de- year for him, and the instwut they had doue it, they | shirred or corrugated goods—the same thing that | and the language of the covenant a more mockery, | phing whatever tues We Whatsoever. ‘There iy | whit defences inight be setup, and what pleas to There iv another nm which, aa it in- Proceeded, a4 I have stated, to change the whole | Mr. Day had betaken himvelf o—anartiole of shirred | without meaning. I will trouble vay dificas | only te_deckire that ho repudiate tite Ue..bad | it, Tneed not stop to consider, because there i no $8 little evidence, I will say a word, and that course of theiremploymont, to doublo the forco of | or corrugated cloth, made elastic by a unien wivu | briefest commentary on that, Tn How difficult: | aN vor ie OT ie a batn Oe hgh Meera accoptithewvding,..What Ido say is, that a move ‘The re-issued potent is void for what the their hands, to protract their day’s labors throngh | India rubber cords united by a process not different | it ts to accumulate,en- 4a" Bulb in the womb © ey aetam. they sat into exelucive posession | the hargain, do not conclude a party to’@..pay into eafulee suggestion. The re-issued pateat tke whole ‘of the night, to add lorgoly to their | from either of them—an article known in every | @nother ew wut, Tsuy that Solie's patont, origi- | tenant whom they pth We Cxmluve Pokaan | validity mean in another proceoding—aind wv the alone, without steok of raw matorial, so thaton the frst of Janaary, | market in the world as shirred or corragated goods, | nating at the distanea of thousand mies, is. plain | ¢ Nie Peaselap erry a barcoryr ean naniise: the || bed adjudged by every case in tuw, and the | by an ariikeunboe.inorcd may be vuleanised instead of their suspenders being even with their | possessing every property a8 Day's, only not quite so fraud on Goodycar's patent, und it [ have to os | and co oat ae robbed to hiva Siam Gow | Court -will How wllow mie t remind them’ by what | the arts. and that suggests WS uwcautul rubber of : Beek, anda grout yortion of it gold out, thoy had | good, elastic as his was elactic, although not quiteso } tablish tha’ fread, by patting & onatinesion eee a | vane aay or Saturduy evening they gave us exelte | fort of lawyers that rule has been so uniformly en- | is totally dieprosed by the evidence in ‘the “cure, an accumulation of muterials on hand, from whieh | elastic, and made so by the same means. I say the | Which renders Goodyear's claim of donbtfat vatidi- | whay day or Saturdny evening they i x rd : eee 1 and, therefore, upon ibe authorities whieh have suspenders were made and sold for ten months aft testimony proves, that from the year 1813, this Mc. | ty, Goodyear bus his own conduct to ansiver for it. | on of The romnises froma she time of the | ereed—not by eounuon jaw lawyers aloes sul and, therefure, upon the authorities whieh wards, indeed, they haan accumulation of mags- | Iiehard Soliy emerges into. competition with Mr. | Goodyery has made a claim which, buses a gertain | settlement. WAM they show us four-and.twonty | Lont Thurlow and others, but, a8 Inte na} hat a sire Yacias vould be made to lie, The rials, by which, as oue of them bragged to the wit» | Day, which Le continued with an opprociably ia- | constinetion, nd by that construction he isbound. | hows of such p au, from the thire os GORGES Patent C sea, 287,,6nd by a judgment in Is allegation, 1 repent, is, that a union of rubber nesses, they conid supply every man sal boy ia the | i He has made a coverant with us, corresponding | 1946, till to-dy i ow usa hour, ov a | i Cases, 287, y, gine ¢ yt Eee ot fn _ Dalles Staten, witha wocar sdeneniawl tewoutd | with that patent, and corresponding with that | uw, or ahalf minute, when they do anything of MeNaghten and Gordon, given by my | and sulphur, with vo ¢ al auxiliary, may y to dee! Hhoaabene 9 | for i betook himself to tho business, in which | cinim; and] have only to ask the attention of the | band in rubstance, in fultitment of the sete | Lord Chancellor Cotteuham, aud ubiversally 99. | vuleanized by a dry e be only to decinim to 3 the attention of tho | form, and betook himself to the business, in which pokey howthat‘itis'e 7 sreed to goll, and we emptied our- | The mere acceptance of a license then, does not | That is not true in 4 Court further to so obvious & fraud. It is enough | “I bope he isto have at last the protection of this | Court to Goodycar’s patent, to show thet itis ene | ny Winn they do that, it will botime | concludy; and inthe next place, the addition of a | not been a scintilia of ¢ to say that it is their act which readers the waatof | Court. Now, we have a dozen witnes tircly clear, on any construction of the claim, as ho | 'y Hem they do thet, Jt will bosime react pace ee Oy dood tn t ting on the part ef my a, af cach 3 . ; s A 1 le it, that Solis’s patent is an infringement | euough to sce whether the relation of the 1 | promise to pay a tarifimthat is to say, both | been, to . on the part tection so fatal to us. Goodyear’s incompetence, | there facts on the part of Solis have b .a3 made it, that Sul paten Scr ae} ca. |. gaateetane feeletaitis: and.hos the acceptance and a promiso to “ which is par ecempli, altogether be- or Goodyear’s want of moans, Goodyenr’s timidity, beyond a doubt They aro—Dououghan, Dodd, | upon his. Now, will you refor to what Goodyoar’s | and tenant js not utterly futile, and has no apy i naked iain ali 1 | cori r place of entertainment ro has Goodyear’s bad fuit! sht have witl rd, McCurdy (Robert and David), Townseai, | and Solis’s patents ire, beought close toguther. | tion to the ease. When a party comes to you, and | bot conelusive | admissions va and | cornit place of ¢ ‘ Py er Goodyear bad fuith, | ab have wath song ay tea 44 ; » agente Og ey et Stont in’ 1848, ee ow about pretends that bo hasa prtent right to sell, over- | leave the party, like any other, at liberty te take | been acting and 4 in show of an attempt from us protection; but if it had been no more lion, Kent, Calhoun and Bliss, and | Solis got a patent in 1848, and Lam now avour to | preter p a 5 , 3 | Us protection; halle Red carat FO. : , Lever: " al} at hot it is tiveiaron neh. - | bears you by the pl lity of hes representations, | evidence, cud to go befere a tribuaal where the ovi- | to break dowa this t We are hero to ask than want of protec vr. Day hove cre is not a particle of contradictory evidence on | submit that it is so positively or apparently an iIn- | hear y y ‘) ¥ wei 4 ‘ “roe : j fe pPreweute ‘3 asipn ok Goodsear'a.or atul sro-patent for | and.dsaws you iu hit all vou aro worth for | dence of validity will be weighed for whatitisworth. | for a chance to Ramrrncnre .0b himiselt 3 Pas. bhisse hersite HO HORDE or tena | eee en Cotd deamte: WlaaunereeuMTaIve: | da Endaceumis one tials He Unser hused the | That this is s0, is ve most liberal ni the ease at com- i i . f on Gi ear which he ot | ib, nat rine 4 at he ha pi o | Thi 8 80, is liberal mo : a Jean corporations, old in the business, 32 | so of Mr. So- BrONORiens ft yuod sea e ee ate} falehe abe Ait ba ddias | Henors please, ul rece mon law. But it they will hold ua first by an em " ital ‘invested, numerons a itt ry as to | possibly use without Goodyeur’s consent, that Good- | udulont pate tbe time | 1 eapital invested, numerons t greut i bE ele ae, var could: mew-logully, Gr okt “lean aelinitala ‘or: | to inquire wheti the law that hag been pre topel, and then by the postare of the ease, will skill in the business, and capncity to como ud to what extent Mr. Solis wasanin- | year could not legally, or at loa ehieately 1§ LR RS ee and nuless he covenants, im #0 many words, n hold them npon the prout of the wnd T say, re- into competition, and, above all. (an element on | 3 Int the general fact, tha jast about coin- mopar oy him, N i es : make \ ya the pacont who est the 7 idity, the covenant to pay a. tariff lying on the testimony, that here is a false sugges- whieh [have said not one word but whi | etdent with the time that my clieat was expelled | this x little mor gible, Tonght te | Palnaye tbo ‘onthe ground of invalidity. | Huneproved by an overmhelining body of witmonwes purpose of eh ‘het en infringement on Cool sears, by whieh he e manuticiure of su the cover of tho te records, and there is get a ssine ootrary in theeasa, My sy Such witnesses; en about an Oxpermens t time to bring up a lithe have brought no evi- name pointed out by vil, 1 tablished by every ove of tho witaeeses,) sor with such traudulent rafudity that they filled u market not only with = pineronsty supply, but with a supply so c ree their suspenders anc everywhere. They as clfvctnally dro business as if they had burned dow: now on your bi tilla of testimony to th biother ¢ Hot to vontest, it is | the contrary, the auxi¢ nite it. 1 will reier | shows that they tough evidence on that point. Th J have dno man’ lt unailling ho hid subsistod sp I ase word covenant to ti ing @ pury where these i+ and driven him from tho State. » Lge ite ms Be eensees arc the plsintitts in thie case, and this ex- 04 betore th ‘ fee a iy Teta stechony fan trations traordinary spectacle is prozented, that the Court is hich arc it ie vety piatue Te ur | Hobe, Fale leckosa, Taba tila. cont red goo he got ile fe While r. Day | of this new for | Ist of January, 1 | tection than called to-day to force an estoppe on the application of these vory part eonduet he is expelied from the ba \t him, and compelled to av | is not to wi 1 prove that? By no doubt ‘ole testimony. “1 | tected, there has not been prove it by the hand and seal of the parties them- | week day or Sabb ood vor | from the time > and covenant to | others, nine inal v (lat it cannot be done, sis and basis of | and never was It you nnite sulphur end he p Eve for the | rubber in ony proportions over Knowa or wsod, it will the truih of that whieh has collaterally | nob vuleanize Your ‘e them in proportions 1 hh the defendant has been drawa | so enormous and ik that the eompound to. When that fails, he has » Vuleanize t came token 16 will f his license, if ¢ rely upoa n he have intended to conclude pea is to have no inj ished his right to it by u trial at law. Your honors way that a defendant may con- | Will have observed, peiaps, by the way, that the , nud thatis by a covenant that he will | rule is not to send issues from ehanoery, but to rele- contest. Lf your honors will give me leave [ | gate the party to the legal forum at large, Daniel’ turn to the decisions that strik Uhancery Practice, 1 , makes that dietinetions Jonvenauts, 574, I submit to yours honors, that whereas the arties have already a good bonest law suit pendi and referred to in Westminister in this court, expressly to try and decide the validity i he ith of Meezon and | ef Goodyear’s title; and, whereas, in addition to this, both parties have for sears, aud at an immense expense, con making extensive preparation for ‘o acceptance the trial cf every question in that very eases leaves the party wholly at | reason for ruling 60 is entirely conclusive. Tho Yet, [ should be ashamed of | special matter then is gene; and now I have to asic y cient if he would stand here to contest tl puri why the geworal rule does not attach? Is anee from the subject maticr. I read to the end that these introduced to the Court. Mr. Judson—Wohat dep Mr. Chionte-—[ do nc thi az a deposit This, then, is exhibit C, in 1848, after they hal pasiures new” for othex b Now, let us seo who the about, Task your then, again, if y volume of ‘Phey are to pay a to be retained und solves, as will be seen by turning to tne se the will staroy oll b is, nud | simply made a misrepresentation, aud then he is compound also may be valeans inna ol LSS s ginage tear abr Be ier cog ee varany SOREN HAG Ldt theeaowacieny tilts bolits : mans books, I | has no cover. Tho plainti®® knows | ized by voting ik to thy of a vapor hath, eee he Co Pies ats | Pryce ; Rae will refer to the proof, as. we 's to the covenant | ¥ ei not, the original and first { butnot by thedry beat of Goodyear’s patent. [leave ing thatit is not with'¢ ; eee “oar, ee Se ad Caninctinred themselves, to show that inustauch ae they did not | i tells a plausible story, | this point ou the evideuco asit stands before the Faye eels with whom, Mr« Day that ehUcttoue OF bring that setUement before the Court, himself by affidavits and by wit- | Court. [respectfully submit,then, in approaching the ph Dae ie to find thes“ retoeoncdios |i tlemans et : within the frante of that bil tmnch a | 1 drive ictim into w covenant, and | close of my partot this discussion, that there is no Leee Nore coe ngs g about India ance in Soli on that scttlement as ane 1 | his article, then, if he can afters | specin matter on the bill or in the proofste conclude on the page indicated something about Lndis Pe Ne ee perfo | wards show that though he is a violator ofa patent, | the defendant from a triat of his right somewhere, Se Ne ee ak on rue eae ‘ | he was himself deceived; why on earth should he | on the merits of the cave. T submit, too, that the Wr. Choate—I think that ¢ course of this tr | not doit! How notion until he has estab- { atlomen uy y submit that, on cannot be employed estopel in this I submit, in the next place, that the san consid tions Ww n { have been 1 end to vvery one of the: terms, and they cence 130. neral and folic | Welsby that it i into compe | of that protection, | ‘, comes to an | ¢ the | how he wal | (at the end.) o they pasts ent it’ claim | ante on the ground that it is nov an reany ottie jal reason why we should not be ni will ga ry li That 3 | if he could not at tho sn entitled to a trial of the right by a jury at taw, ia Ty enfores an estoppel which ‘ented | i art, and say that he | fome of the eartier stages, in which this ‘application they have themselves 1 i into that | form of | 1 golden rule of doing | toran inj on is made? \ jong time of exclusive had entered into wilh the ccfou ih : proug. . fe ‘ r y y thus. may it | 1 ie bas been a good deal relied on. Lb there hos been an atten t ) : i u it UT rory str u not myself been able to iad any such long conti- ve his consent to what seem & process; treat thei te little 1 defence, which | nued possession as has been alluded to, that would n point of law. | eperato in the Just siage, or on the final hearing, common case of | &id the influence of which would deprive the party with noth- | of his i ut law; and J respectfully submit that o€ all our ordinary | the learniog of the plainvil’s counsel” has not been t tothe Court in w | able vo provuce an illustrative case; and I aay there non the records. There has not that upon all the | 0 has been | Then weare, d . third of James, | @ bill in Chancery for an ra ay Kenyon, | ing toestop us or depri cvs, who ilua- | rights. I wish now tos patentee xplavae Bishop proves it roborated by Mr one of the liceus these with mud, sad it h nd t commen liv nessinger, and othe ONES : \ ini ‘ nage 461 should be se snot such a case yon Bichon, and his . : the declining period of | niet manner, why this cstopel should be set at | a 3. There has arate to the the common n to this L h large, and then I shall be ready and most happy to | been a1 ive anil peaceful possession of thisin- saaidivtns’ «Now, at 70 auiveraed wad. eoncurtent. cours | give way to. that exposicion of the mozite of tho | Yention in any period eiee it was patented. Ts has dant’s testimony, ith vol. and I submit that ‘© these a case, (by which 1 am snre my cliont will be aided, | been a lo: series of biltor and expensive contens y ¢ is not ene cove oper, from begin- | «nd on which he may cemmit himself unto the 9 ing toond, which would not he brought court) by the learned counsel who is to follow me. 3 it was infring dimany suits wore topel upon Goodyear, for Day performed his ec Now, if the court will indulge ane, the document 3 in IS16 it was aujusted, and even while part or he did nothing. Hmit that the author muking the trans ito the dotend- | We kept the adjustinent, Goodyear did uot. Even tie entirely consistent though Esaould | ant, Mr. Day, beg y a recital that there ars | during that period, while we observed it, had dud kere un fend Mr. Da ouly three persons who huv rest in this | Mr. Day a eace uader that patent? | matter, with one of whom Mr. Duy had the misiors | 1 chouid Like to knew that. 1 sappose tune to bave hud a standing quarrel, and he would | we vie to look at all the possession wo ever had sooner have met his di et supoohim js ti like athiefin the night, as to tod hie | 1" to have any control of big right this without any disrespect. to Mx. : bay relied’ on tl ital that Go and controls everything excepb th csiny client to understand that ear pone got his patent in Lag dd a is entirely f Mr. Venu Wankle— at that time exactly this on the 3d of De instance thot tl but they stipuls § tir mof tho t night Lave act solves, to break the fy, in which the your honors take a Mr. Day's possession at the time he based his Tcensa ought to constitute a prett sot clement and ® pretty iinportant sae tory of the general possession itself; but Mr. Day ever ao hour's peace on that potent? sit always # sword aod not® pence’ Didn't begin to cheat bim in 1246, before the Ist of ary? and did not v tinue to eavat hiae J they have not efestopel, such of common } case fic Judson. ye nd—net one. ating upon,t inca ven by Mr. | Ww. We dispos crevoked, he (Day) iz then tie . | Send et ve pot, th wi sole owner, as net che Worl, of aii tuo liconses | fter tlie Let of January? Did not they go into the Fs here the | execution of all manuer of devices to detraund their rned. L do not kuc nee is of that; ut any rate, that re d the moment it was mite, and the cove: ense by Mr. 1 as ifit had not hoon adjndged forty times, that ja: such an acceptance, and just such a paying of tarif | that Goodyear ¢ | evide as chanceilo to forget your our honors own agreement t By the tine he ha Shi t hid head wtove that overtow, polis advances: ens to larch bim out in upon the sea of eompe- that Mr. Duy | had no binding force at all, but that on the con- | Goodyear afterwards, in the seme instrumes “ne they were to yo | se, while | tary, ho who hag been drawn into covenanting and | bit he Would preoced to get in ag Mireetniog Propel Tiveta ue in day a aD t le any ev and upon th y pros | accepting s ieense, even in a direc n | Pights, was falsitio is alverwart ing to goo | ctor © patent, in 4 y | his manner and upon never pros , accepting such a license, even ina direct action on | ghts, faisitied by his alverwards 6 been fortumate enough to bave« single may plead the invalidity of the patent, and pre- | in those rights. The recital was falsified along with Wade resentations by | the covenant for obtaining a surrender of outstand- | hour of himself, he had, | ing rights by three faets: the first is, sir, that during | Then, is Victim. It isnot | the progress of these negotiations Mr. Goodyear ne- alto the defendant. J have, | at ail extraordinary ‘nor strauge that fraudulont | gotiated and sold to Mr. Judson, without the know- bmit fto you that in the | paces have been granted; and to this hour it hag | ledge of Mr. Day, one-cighth of everything he covenant Yas never boon | heen m common traneaction, in eases of infringes ; owned, and the papers were deliverod on the — of tors ofa second; and,in the | ment on such alleged patents, to agree on somo | —, 1816. Soon afior Day commenced operations, ery terms of Goodyenr's cove- | terms of accepting a _liccnge from a patentoo and to | Mr. Judson and Mr. Goodyear began to negotiate ve vact’ by Mr, Day is wholly done | agrecto pay forit. I say, it is not at allextraordi- | thie assignment of an eighth; and that assignment | hos slept iy , with, and terminated; and J am sure, or at | nary or stgange. How fong it bas been that the | of an eighth is placed upon the reeords at Washing- | ™ elusive of his 14>) so long, thas, as ia 1 think Iam sure, that your honors willre- | courts of law have had ocension to consider such | tou before the delivery of the papers to ur; so that, | adjudged in wun, versus Jonge, and pb » that we, at least, give sufficient pleusibility | tranenctions, and pass their opinions upon them aa | if your honors please, when we pted this con- | con versus Spottiswoode, in Myine and Craig there propositions to entitle us to | estopels between the parties; and, therefore, itis | tract, on the representation and { that there | not think be isto be indulged inwakiog mp Wwe f of | was only one party interested in the matter, after | day upon an estopel, aad applying for an i | mise by the very sanguino which tho patoutes hed deeeiv ition which his want | therefore, very readily deceive they bad been conduc whether it does not up; come utterly ine: and a fair ather than for the + neisputed possession of it—not at all. honors plese, | can find nothing that cus of tho benefit of the general rule; ther hand, I can find a good deel that your bovors Lo guard for us 40 oxtra- special a righ’, ond giveus the benefit of the general rale, And | sxomit,as one reason of very great influence indeod, that the plaintiff lept upon bis right to oy y foran injunetion on Fup) ing them sn authority to de eniployment, to double the theirlabor, tod the raw material, the residue oftheir term, ness as to turn it fut 1 am not now to forget that | notsurprising that wo are able to find a sori tion, or to make ib ¢ ‘ fi . Now, i leave, if s bad totally desty« ed that Thave taken a somewhat | adjudications for at last fifty or sixty yoars from | the thice licensos outstanding were cancelled, | tion. Now, if your honors wil giva mo leara, caxtty for. neral u and, I may say, oven techni- tiny erd’s Touchstono, through ipeneal treatise, | sgainstwhom we bak we could take precaution, | he had intended to brine % Vola, ound Fog. he habits of counsel ir ocd of any 1 w of this bill, in "laying hold of it rsa bill | adjudications at law and chancery, directly upon | itturned out that wo had bought into a concora, | nothave done ivearlier | His bill ia = M i Nhe ‘ er, 150; . f January, 1351— @ pertormance of 2 single covenant, | the settlement of patent controversies by which this | one undivided eighth of which was the pro- her, 1850 ; the anawor ia tiled ist of Poe Ay, perhaps, come hereafter, to any, whole controversy of estopel is licited, expounded yerty of, 1 dare say, wu very respectable | that is now a good deal mor a ph ago; but t “by tt we are unable to enforce that particu- | determined, and ‘mado susceptible of an easy ani ize | at the very instant he filed his bill, he had the whole bre this tine of remark: clef the cov had heen accustomed enough that that Uiey £ tis on Goody pe Ik gentleman, but whom I musi charact n ipso 9 fore o they had boon’ a ve winds hy a jar ion | lar covenant. Our bill ia a bill for specific pertorm- | satistact application to, and disposal of, this | vs the bitterest enemy Day had on earth, The | ease, on which aa sane tion ng oA aang rate of purchases t But eupy be | ance of that covenant—a bill, if the Court please, | case. Inthe first placo, it is settled that ifthere is | proot of that ap pon tho brief nthe noxt | dant’s mouth from plea id io ey: rene ae make—that maunor of kee iu) whether or not Solis has got a na fora mere fufringement, or a more injunction upoa | an acknowledgment or admission in terms, by oither | piace, he kon the same recitals, and the | From that very more ae erg fon esto~ and sales of the sueponder Coody ear’ s~ auppose it to be not Ri Soli an infringement of a patent, and that we throw in | of the parties, under senl, that the patent i3 valid, | se covenants, and the brie? must disclose that | pel in his poeket I +} ae a at all; Se te. that iliav for months and oppy sleight nd, by taking advans | and tell a story about a settlement, with a view of | that wl in a direct action for the enforcement of it | proof ols a sale to a certain Mr. Dorr, in 1844, pee SS ie in seiner w that m to a patent 4 “that they should continue little involved in the estopping you generally from testing the validity | conclude the parties; but that doctrine would not of & quarter part of all bie interest here, and, 4 vd Soliv ts enabled to of the patent itself, We do not bring our bill spo | have a farthing’s worth of application to this case. | %(:houyl he had undertaken to qanlily that sung, fag arty Pegs thee Soe ‘ hhige them to change by whieh Rick dnsteusly, and pecfucictally \ courte of In ‘ t repared gorad obsorvations tendiag 10 | get ar 1 patent, and enter into compotition | cifeally to enforee ® covenant. We agree that wo | She tiff does not bring a bill here ex directo, | by stipulating that Mr. Dorr should not sol! or dis show thi snotentively rotiables TE beticva | with Day—shail Goodyear help him, when, by tho | cannot maintain a bill for that covenant. Wo fall try iig you to insist upon = ostopel, for tha turns t he had bought, 1 take it for granted pgp pda abs A Magean it may by reniembored by your hovor, bofore whom yearcovenmu’sihat ho wil | back again—as they do whon thoy are prossed—ond | f'intotiere evidence at law. Ho dovs not dd that. Dorr might have worked to his heart's con | for either party to take, in order to come ll ; or gore sometimes it is for ong thing, apd somotimes for | On thy contrary, he goes at large, apd ig ao many ' tent in the process of corrnzating gouds under shat | tomect this eatopel, cowld have been taken 08 #@® the last suit wes tried, that the jury tied the gratifl- Go Cveryihing to give us thy market for shirre