The republic. [volume] (Washington [D.C.]) 1849-1853, 1853-02-25

enougheto compensate him. why should be hav
more2 Had he made an absolute sale of his inven
ton, without reserve, and failed to receive due re
muneration from it, yet if he afterwards purchased
an interest in it, and reaPed profit sufficiently
large from working under it, he would not.
think be entitled to the benefit of this act H,
might show that the two transactions were entire
ly independent He might therefore contend tina
ne had not received an adequate reward, and tina
what he had accumulated since was the result O
disconnected transactions, and not be taken int
the account. 1t would not be in his power, never
theess, to say that he had sfailed to obtain from
the use and sale of his invention reasonable re-
muneration," adopting the words of the statute
The relation in which he stands to the invention
and its owners, and his acquaintance with the one
ration OF it, give him unusual opportunities for
awaiting himself its advantages cannot think
therefore, that he comes within the spirit of the
act, or is entitled to receive additional reward
when it appears that he has already obtained one
from the use of his discovery-eve though it was
under arrangements 30 independent of his SELL
ing 1t Besides this, connection has been main
tanned between him and Goodyear from the first
sale OF the invention to the time when HAYWARD
made his deposition. and through the whole of it
the license of 1888 has been kept on foot and
played an important part in their negotiations.
How much it has had to do with his enjoying the
einolunents OF the shoe license he terms It, it
is not for me 10 say; for the extent of that connex
ion is not disclosed. That it had none is not easv
to believe On no other ground can we ac-
count for the unliquidated condition of the orr.
ginai demand for the purchase money the ga lie
to Candee, the license to Hayward and Burr. and
the application of $500, paid by Candee to HAY
ward, upon Hayward's other debts against Good
year. Ii an inventor may leave such state of
things between himself and the assignee of his
invention unexplained, and yet have his patent
renewed on the ground that he has not been ade.
quately rewarded, / see nothing to prevent every
inventor from making an arrangement with an
assignee under which he may receive considera
ton ostensi6ly small, yet secure to himself ad-
vantages OF which he need render no account
when he claims extension He may thus com.
pei the public, In every of valuable discoy-
cry, to pay him for 1t twice, besides enrching the
assignee do not charge Mr.. Hayward with any
such design in this instance; but If the course he
has pursued is sanctioned, it will be impossible to
prevent the planning and execution of such
schemes hereafter. In fine, challenge the warm.
est advocate of this proceeding to say that it has
been made to appear the ssfull and entire satis-
faction" of any that Mr.. Hayward has failed
TO obtain reasonable remuneration for his inyen-
ton /; even to deny that there is good ground
for Presuming that he has made large sums out of
it, by availing himself of the license he ORIGINALLY
received on the sale of his right, for which sums
he has not accounted.
The conclusion at which arrive is forced upon
me therefore by the following considerations: |
believe that the applicant, with full sense of the
value OF his discovery, and under no pressure from
want, deliberately sold it at the valuation which
he himself had fixed, and has been paid according
ly; and do not see enough in the ingenuity oftbe
discovery, or IN Its utility to the public to Justify
the extension of this patent for years longer
in order to remunerate him further. He has also
reaped from the use of this invention an abundant
reward for it; and by what means he obtained the
license ] am disposed to regard as not material
In fine, he has not shown, as required by the act
to "my full and entire satisfaction ssthat he has
failed to obtain from the use and sale of his nven-
ton reasonable reward for the time, ingenuity
and expense bestowed upon it. With these views
| can 90 no less than dismiss the application