The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-06-20
ADVERTISEMENT.
xG nlac N ~ NJ

A New Discovery, BY HORACE H. DAY, or 4 Nrcr
DISTINCTION IN CoLoRs-TnE LIABILITY OF me
lNfRlNGEE CHANGED By Change or COLOR
COLOR A FEATURE As IMPORTANT A. SrRErcut-
NESS IN RuBBER-lNDIA RuBBER PATENTS Ap-
MIrriNG or toLoRABLE EvAsoNs, AND THEREIN
Az EXCEPTION TO fnE GENERAL RULE or PATENT
Law.
The question is often asked why Horace II. Dav
has again commenced infringing on t;oodyears
patents, after having, under his own hand and seal
acknowledged their validity by paying five thou
sand dollars for past infrngenents and for license
to work under them, and by agreeing 20 stamp the
goods made by him, "Goodyear's PATENT" and how
he j. able to carry on the defence Of SO many and
such expensive law suits
We answer, first, ii is Days fondness for litiga-
tion; and, secondly, he has. thus far been enabled
to indulge his litigious spirit, by using against
Goodyear the profits made by his piraccs on Good
years patents. The number of suits in which Day
is involved cannot be far from forty-enough to
ruin any man. though successful.
The lawsuits by Goodyear against lay embrace
three separate and distinct patents, each one of
which is indispensable in the manula ,ture Of vul-
eanzed rubber. Each one of these patents must be
infringed, or the business be abandoned. Day is
therefore, an infringer each of these three pa
tents, ana verdict against him upon one patent
will be as fatal as verdict upon all three.
The patents which he acknowledged the validity
Of, and which are indispensable in making vulcan
ized or metallic rubber, are dated, one February
eth, 1s9, for the Of sulphur in connection with
Indian Rubber, the other Tune 18th, IsIi, for me-
tallic rubber, Issued Dee 18th, 1879, the validity
Of which was also established in cause between,
Goodyear and lay, in the United Stete5 Circuit
teurt at Trenton, New Jersey, in September last,
Judge & rier prtsding.
We have heretofore stated that a verdict wa.
sk,n, ard judgment entered up, against Seavcr
huowlton days agents in Bostonl. by consent
oi lay, and shortly afterwards, in the New Bruins
wick 1tH'o, Jan j,h 1871, Day offered a rcwa I'd OF
go for the punishment. and conviction VI rtrin.eass
On these same patents Of Cody ears, Which h. paid
so.Voo Tor license to work under, aud which he
rs In nal al AMI
How Day got hold Of Goodyear's invention.
whist }. was yet secret, aud before bis applica-
,loh ioi patent therefor, by hiring man who had
learned the secret in Goodyear's factory, and by
paying him .6b for divulging the same. we have
heretofore proved under his ewn signature by pub
hshlng two copies Of Days letters in our posses zion
;, he third patent which Day is infringing is for
dastehsing with solvents in the manufacture Of
ihaia Rubber, aid Is just bic as either
o. inc others IN the profitable manufacture Of India
rubber The public are already aware that the
validity OF this latent was established by the de-
ehion Of the Commissioner Of Patents, on the ouss-
ton OF extension; and this decision was snbss-
quently revived together with the large mass Of
testimony taken in the cause, Day being the or-
loasnf F@rii BY the Secretary for 70 Interior
decision was affirmed by both Extra - rom that
decision will be published hereafter. UNIV
Does anybody believe tina. Day has any sxpec.
,ston OF escape, on the trial of these causes, in
September next or that he will ever ret a nors
favorable decision on any Of these patents
There are about thirty licenses under ;oodyesr,,
La'eh's. Inc simple fact that Horace H. lJay il
.nc Vpy Pfoicssed iniringer in the United states.
ana ,hat he Is not countenanced or supported by q
against him. Ps'''' 'o'u'"'s
Day bas license from Goodyear TO IN Ike SHRED
goods; but all metallic, heated or v,,Icsni,ed
rubber goods, not stamped "Goodyear's PATENT
made by lay, are infringements: and an dealers
ln such goods, whether Of white rubber or blask
per purchased q Lay, will be prosecuted a..