New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-07-03

and win a 4 aid H. That | SUB nit Ia the spirit oi
GoOdy care cOvensnt N1iu mick nave 'o 4, ,he
sttted its eject snd musnOg nut wi'n hoN " - ,,
aneuton of the Cont one instant the terms o
pages 40 and Al Of the bfiet. Gooiye. Init any
therefore u not merely that he ~Ou'o Wv a. n,ht
s .e ~ ~ ,,i .S go. but (Mr Day may sly 70
won bei,ye won coveosntf d % pro'eo' ~ ,,.,,,v
r., 80 g. INC .ha,ever hands OF piracy VI lsse"uy
tns' nay o1, ' here 80 far an coDcsrned, you
~ n ioy ,eobsrrs.sed by competUnop' any ihen
81 ever, + nm of every fabric wnicn 'u4y groPsy
anu ,he market shirred or corrugated goods,
De eeheo ~ len ny aid assistance la the moor
ana snv description OF shirred goods which nes
-. sornuetiton With uOee you uauuttcture. Well,
80 should be very glad % know Shtther these goods
sb;bs.ed here are NOT shlrled goods. Does anybody
denv AZ on the part tine piantlnf
Mr. JUDsoN-1~s nr
persons Of entire espectsby perfectly acquainted Ia
the Of the great cities win goods OF this de-
scrpticn that these goods manufactured by SDs are
called everywhere shirred or corrugated go)ds they
answer 10 that denomination exactly Mr. Days they
all the demand, they afford he SAM supply, that
10 TO say tbese witnesses proved that they clotn
made elastic oy an ingenious preparation snd union OF
Il with rubber think will read two three names
of the Witnesses Here Is Wh- Ward he says =" / eau
olss fabrics sbirred gooos" stephen Blgardus says
81 call Sol,s manufactures shrred goods" 80 hen,,
Townsend, Calb oun, Bliss and Roa and Humphrey All
call them "shrred gOOds' Tney are ldenucaiy
the same IN every msD's judgment they are shI'reu
GOODS that Ia 70 say, they are ciotu ocouiuI, u m W
patuJ sy compressed state Ia unis n WIN inharuooer
IL the Court should hat here 10 prQoApe eWaehce
thas Mr. GOODBYE by Mr. Jod'on did direcuy sd sna
abet 10 the manufacture OF tos article, Ano II lucy du
there least balance OF evidence tnai tnese goons
were called and in tcsde shired or corrugated
goods, apvrebeDd they would not give any effect IN
the form OF an estopel 70 the prayer OF TINS on uo
they had given opportunity 70 Inquire oeoie
jury whether they aye shfrred goods 1ooyea' aouo
could sue So L. and he would NOT sue olIn we cu"'e
the spechc alternative; we extDguished MS coulpo-
titiop by buyipR bis pretended pzfent Nov, nave
another about bliss Infringement ano re-
specrfuy submit To Court. that pspaole n-
prt naflu nj IN
apimaoyersOn of court administering the patent
laws In the United Sta'es. The very instant it was
brought 10 MI GOodyears Iotce iustead OF ngu Ing up
the profits selling threads and abeitng In the maui
featuring OF IT, ha should have prosecuted IT, or else the
duy 10 afford protection Dulity and the language
of the covenant a mere mOckPry without meaning |
will trouble v, with the briefe,t commentary on that
know bow difficult il 10 to accumulate one Law suit Ia
the womb Of another law suit say that Soils patent
originating at the distance OF thousand miles, Ia
plain freud GoodyrsTs patent, and II have 70 es
tabish that fraud by putting cOnstru ZION upon IL
which renders Goodyear's claim of doubtful validity
Goodyear has his Conduct answer for It. Good
year bias made claim which bears q certain consEruc.
tiOn and by that construction he Is bound he has
mace q covenant with cOrrespO ding with that pa
tent, md corresponding with that claim; aad have
only ask the attention Of Court Goodyears pa
tent TO show that IL is entirely clear auy cOnsuuc
don Of the claim ne has ide H. that SOlss patenis
pfrpPeu ent upon bic NV will you refer to what
Goody esf and Sulss patents are brought close TO-
eeher. Soils got pateuf Ia lei5, and about
to submit that IL Is so positively apparently nva-
y
prevent Goodyesrs which he could possibly
use without GOoOyesrs consent that Goodyear could
not legally at least del;aely properly, aid hin.
Now think, In order to make this ittlo iRtei-
ptbe ought say that | understand that, for the
purpose Of wing that SOss patent is infringe
men, on Goodyeafs they rely on this-that the pro-
cess by which he makes his fabric eighty different
process In very minute particular from GOOdyears
process The fabric comes out exactly shirred goods
go sho upon the tesimODys susceptible OF apple tOn
to exactly the la both cases lis cloth
corrugated by union with rubber. In th cases, the
cloth unnatural state OF compression corrugation
In both cases, when the rubber ia united with it, the
cloth may he drawn TO Its original smooth state by
drawing the ndia rubber 10 unnatural sate Vt ten-
sion with It, They exactly the same; but in the
very minute detail at the process by which Soils IA axes
his, be differs from the process In which Goodyear
makes his thSt H. the corrugatioD stirring Is effect
ed In GOodyears case by stretching the rubber upon
the cloth and DeD the contraction OF the rubber hrrs
corrugates, draws the clOtn; and ih Solis's
case that result IL effected by pulling the cloth
by main STRENGTH ny hand, dagOnally, aud then pac
Ing the rubber cords across the cloth In the Oppo
site direction, and alaO di-gonaly. Both seek -
bring the cloth into compressed state. which cor
rugstes 1t. They are the ssme exact goods but min
uely differing processes To patent process is one
thing; but when you find he claims TO patent the
fabric of hrred or corrugated toods by any process
then Soils has stolen IL bodily say the face
Oft patent pTaucally -neai log of 10 legal
sense, larceny Now then, what is Goodyears claimt
81, Charles IodyeaT have invented and useful
--whbt1 process No-"a new and useful desc cpi IN
of goodr going right straight the faonc Independent
of the ~ and that and useful goods Is de-
nominated corrugated, or shirred goods" WE'LL
then, he teus US, as he must til us, Dos he makes
it-voume 4, defendants printing page T. lat the end
Although | do not intend in this speculation TO
claim any particular appsraiu.," &c. I Wished to
show that Goodyear does claim process, but
claims gouds-Ihe article itself That Is the ar
gumeDt Nov, sir the construction which | re.
specially submit, We 10 import into that
part of the claim stands ss whole, exactly thus |
therefore submit your honor that s psu case of
claim for article aud not TOR process; and then
proceed 10 show that II the patabtee takes 10 article
he violates the patent If the article But there is still
view 20 be takeR of the construction of this patent
undt Tstand them say that Soil. puts on his rubber
not In stale OF tension. But understant Mr. Good
year say that he stretches hs Inds when be
puts upon the cloth and the function of the rub
Der In raining the cOrrugatiJ of the cloth Sol
says, al put mine not in state of tension use tue
stretching of the cl 9TH disgUpsy fundamentally
OF cOmpressi)n.' Now this is only laying h I'D of
single element In the process which process GOODYEAR
does not claim and all that you can say O IL la the
world IL, that II 10 only trivial improvement ON q nd
years process, and therefore would require him % use
II by the authority of Goodyear. Nc Soils does not
stretch his rubber Ia his patent bat ne stretches II
when DC makes his rubber; and upon toe testimony il
10 proved that IN point fact AS far as we can trace
the mai uiscture when he put ON the cloth
he stretches exactly 40 urh the language of
the patent Gays he puts ia state of I. nson
so that even In the mlnutest details process winch
we do not claim, la fact Ia eX act clrresDon
deDce with the process by which Mr. GOODYEAR m an
mactures his shrred goods The result then in n gen
ersi way, OF this part Of tie twofoin one bret
upon OIL appar nly T. iniOIce the specific perform
ance oil covenant mol 10 work out of license while
they oovenant 70 protect u.s. taey have never pro.
tected us Tor SINGLE ns ant ~ this " aud acc lndy
they nave In fac-M Goodyear by his agent aud those
who Represent him-dirt cy aided and abet In nat
very competition which his ot prote t0n made so
fatal TO The defendant have thu rrfor- the honor To
submit TO you nI In the first place this particular cove
nsnt has never been 10 operation thfte quarters of
seoopc; and, in the text place, by ve,y terms of
Goodyears covenants, every contract by Mr. ID Wis
wholly done sway With, and terniuatrd: aai an sure
OF less. ihihk am sure that your hpnors will re-
cognize that we, at least give sufficient pausi ,hty
upon the proofs OF these propositions % eustl US to
nearing by sJurg am not now g for get th AZ may
be argued that have taken a somsw,a; nsrrow An /
artificial and, may say technical view of this
bill, In laying hold OF IL as bill TOR specific psrfor.
nance VI single covenant ana they may perhaps
come hereafter "a say, that II unable u co.
force that particular covenant Oar bill il bill for