New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-04-22
tween and paid to other countries for
an Article which this country was well calculated 70 pro-


article which this country was well calculated to pro-
duce 49,
Mr. Davey the gentleman referred 20 above said he had
patented some machinery for preparing fax by the drypro
cess but he had rot yet brought publicly forward the
reason he did not wish to appear as rival Of Che
Waller Caussen. His plan was to get rid of the gneous
portion of the plant which constituted three ourths of It's
bulk before proceeding TO treat chemically for be had
never proposed to conne himself entirely to mechanical
processes He had works at Belfast on Scheucks
principle but did not approve the flax thus produced SO
lately as last evening he had learnt from Mr. Golden NJ
p in the lobby Of the House of Commons that relative
of his who had commenced the manufacture on Schenck
process had abandoned it, and gone somewhere on the
Continent MIR Davey proceeded point out SOME OBJ
jections to the steam and hot water processes.
The "Heok Headed spike Case"
The recent decision by the Supreme Court OF the United
States in the of "1he Troy Iron and Nail Factory vs.
Erastus Corning, John +. Wnslow and James Horner"
commonly known as the Hook headed spike case has
been very generally by the newspapers Proba
bly, few important suits NJ law touching the validity OF
patent that has involved larger amount of dam
ages has TO final decision in this country II def
ney settles the validity Of patent by which article
manufactured than which there is scarcely another in more
extensive uses and vests in the Patenee Henry Burden,
ESQ., of this city, the sole right hereafter TO manufacture
and vend the article We shall probably be doing favor
to the public and especially class of manuactur
who, well as the immediate defendants in this suit
have an interest the subject by stating briefly the length
and breadth of the decision referred TO.
To full understanding of this it not necessary to go
into full history of the suit of the different suits be
tween the parties the matter all Of which resulted
in favor of Burden yet few facts may be stated Bur
dens frat patent dated in 1870 In ls42 he brought
suit against Corning Wnslow Horner Tor violating said
patent which suit resulted in a verdict Of 500 motion
for new trial having been overruled, the verdict
red into final judgment against the defendants In leit
having to believe that Messrs Corning Winslow 81
Homer continued 10 use his patent, Burden brought
suit and filed bill for perpetual injunction and damages
the in United States Circuit Count for the Northern Dis
trict of New-lor
The validity of the patent was again sustained but the in
junction was not granted the defendants aedgng that they
had license to manufacture. Burden appealed to the
United States Supreme Fun and on this appeal % n:
present decsQa IL" better understanding OF tine dec
0n will state briefly what Burden prayed for in his BILL
viz THAT the Court would erjon the defendants Corning
Homer and Wnslow their attorneys agents and work
to desst from making, using or vending any machine
containing the Improvement. for which letters patent were
granted Burden the I'd of September siO and from
selling using any spikes which they then had on hand
which had been manufactured by their machines contain
ing the improvements OF that patent and that account
of the profits which they had derived from the use OF such
patented improvements should be made"
The Court in giving their decision say that the license
permit instrument set up by the defendants IN their an
and defense and under which they claimed to manu-
fcturc, not license and touching the other aleSa
tons in the bill the Court say they were an eiheT proVeu
or admitted by the answer OF the defendants In every
point of VIEW say the Court which we can take OF tins
ease we think that the defendants have nrngedthe patent
for making hook or brad headed spike, with Burden
blending lever We shall direct the decree of the Court be
low 70 BE reversed and shall order perpetual Injunction
TO enion the defendants from using the machine with Bur
dens bending lever in the manufacture OF brad headed
spike and shall remand the TO the Court below with
directions for account TO be TAKEN as prayed Tor oy tue
| appellants ~,
Ibis case having been remanded to the Court beowtthe
l. = Court Of the Northern District of New iork lit be-
comes the duty of this Court without discretion TO execute
the Injunction and decree Of the highest court IN the hnl
AT lis next term, probably in June next, there WIZ Do an
examiner commissioner appointed TO inforce the 4lnhc
ton and examine into the profits made by Corning WINS
low and Homer by the use OF Burdens patent ana the
amount of damage sustained by Burden in consequence
of the unjust and unlawful violation and infringement ~
'tle defendants These two items when ascertaned WIZ
constitute the damages which the Court has adud5sd
Burden to he entitled The that will be paid over by
the defendants in this suit is understood to be large as an
| extensive business has for many years been done III
| the manufacture of the HoOk-headed Spike.
We understand that il is Mr. Burdens intention to take
vigorous measures compel all others who have made UNI
lawful use of his patent to make proper restitution Under
this decision there would TO be escape for the
parties implicated who understoOdto be numerous
Troy Wing.