New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-06-21
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GREAT DIsCovFRY Il Nelc DiscOrej

ADVERTISEMENT
GREAT DIsCOvFRY.- II Nelc DiscOUerV,
5y Horace r. Day, ora nire Distraction Of oo0TsThe
LaJihfy offhe Hfringer CHANGED bva Cbangeof COl0r
-Color a Fs0hTs T1portap, Sfretchnsss m Rub
bT-India RUbber Patents Admitting Of COi9ra5ie Era
SONS and Therein an Ertept0n t. the General Rue 9f
PGtcat Lar.
The question Is often asked why Horace II Day
has again commenced infringing on Goodyear's pa
tents after having. under his own hand and seal ac-
kIoW lodged their validity by paving FIVE thousand
dollars for past inlnngements and for q license to
work undcrthem, and by agreeing 70 stamp the goods
made by him. "GOodycar's Patent - and how he is
able 10 carry ont the defense of 50 many and such eN
pensIVe law suits
We answer, FIRST It is Days fondness for litigation
and. secondly, he has thus far been enabled TO m
dulge ms higiOus spirit, by using against GoodyeH
the profits made by his piracles on Goodyears pa
tents The number Of suits IN which Day involved
cannot be far from ior;y-enOueh to rum any man
though successful.
The lawsuits by Goodyear against Day embrace
three separate and distinct patents, each one OF which
is indispensable IN the manufacture Of yucanZed
rubber. Each one Of these patents must be ninnged
or the business be abandoned. Day Is. therefore. an
nirnger each Of these three patents, and a YER
diet against him upon one patent viii be as fatal as
verdict upon all three.
The patents which he acknowledged the validity
Of, and which are indispensable IN making vulcan
izod or metallic rubber. are dated. one February -,
ls39 fort the Of sulphur m connection with Indian
Rubber, the other June is, 1874, for metallic rubber,
rcssucd Dec .. 1919. The validity Of which was also
established IA a cause between GOODYEAR and Day,
I'm the United States Circuit Court at Trenton, New
Jersey, IN September last, Judge Grer presiding
Mehaye heretofore stated that verdict was taken,
and Judgment entered M, against SeaFer huOwl
ton, DAYS agents in Boston, by consent of Day, and
shortly afterWard IN the New Bruins wick Ttpcs, Jan
5, 1877, Day offered reward OF So for the pun
ment and conviction of mfTngers these same pat
ents of GOodyears which he paid 5000 for license
TO work under, and which ne now says are irauiu-
lent"
How Day got hold Of GoolyearS invention, whilst
It was vet secret, and before his application for
patent therefor. by hiring a man VINO had learned
the secret IN GOOdyears factory. and by paying nm
sec for dNulging the same, We have heretofore
proved under ms own Signature, by publishing TWO
copies of DAYS letters IN our possession
The third patent which Day Is infringing Is for lis
pensing with solvents IN the manufacture of INDIA
Rubber and Is Just as indispensable as either OF the
others N the profitable manufacture OF india RUBBER.
The public are already aware that the validity OF
this patent was established by the decision OF the
Commissioner of Patents, on the question OF extern
sion and this decision was subsequently revised
together with the large mass of testimony taken in
the cause. Day beng the opposing pariyJ by the Sec
rotary for the Interior, and the Uned states A'toi
new General and that decision wa, affirmed Toy Ooth
aifeT ITO" ''''' ''''''o" VIII DC ''''''''
Does ANYBODY believe that Day hrs any expectation
of escape, he tal Of these causes, IN september
next. that he viii ever get more favorable decis-
ion on any OF these patents
There are about thirty licenses under GoOdyears
patents. The simple fact that Horace II. Day IS
the only profeSsed ntringer IN the United states
and that he Is not cOuntcnanced OF supported ny a
single manufacturer IN The business, speaks volumes
against HIM.
Day has a license from Goodyear to make SHRED
goods but all metallic, heated or yulcanized rubber
goods not stamped GOodyear's Patent, made by
Day are infrlngcments, and all dealers IN such
goods whether of white rubber OF black rubber pur-
chased OF Day. viii be prosecuted accordingly.