The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-03-11

JOSEPH 6. TOTEM,
Brevet Briesdisr General and Colonel Engineers.
Bon. JEFFERSON DAVIS, Secretary ef War.
Interesting Aswsult I'm France.
HUTCHINSON, HENDERSON sAYTH vs. sOLEyLiAc,
MANrIN BROTHERS LAUKY.
Prom lie Droit Of Paris Feb. la.]
TRIBUNE ooRRnroSsn DE la SEINE (Sm cHAMBRB
Messrs. Hutchinson, Henderson b Co. the psten-
canred India rubber for the exhaustive in France Of
his ior the manufacture Of his India rubber
tArgs (cret) which, from the great demand for India
rubber shoes, has become one Of the most extensive
in France.
TIE articles made in the mandatory Of Mlntargis
have in the French market, where Aesers. Hoohia-
son, Henderson Co. claim to have IN exclusive mono
poy for their manuactOry and SALE American prcouots
with which they have come IN competition. Ia conse-
qusnce this they attached by process and seized 81
IN ni rt .ss "hsa sa 1s gentlemen
exposed FOR ra.s complaint has been entered against
!hese dealers BY hessrs Hutchinson, Henderson 60.
for inf irgement OF the patent
After three days session, the Court rendered the fell
IN regard to C. W. Whereas, the compliments
have withdrawn he sun -
regard the sdmssici y of the complaint Uade BY
Henderson Smyth against Soleiiiic, Aanin
whereas the a1st Of May 1858, Goodyear conceded
a;,uring ard rg by the nselvea t. have m.nufac
.ursd SOLD, in France and N all TIE Frerca posses
hs ia the gne . % 10
tsDce On the 10Th az April 1884, under the name OF
Newton.
where's On the 1StS ofJu,y ls48, Goodyear, who Oh
tanned his psten. in America june lS4i, transfar-
red to the Amsricsn Company 10 Newark, 10
confederation OF cersain stipuiatons, the exc,u-
sve right CT using all his pro, esses for the prepa
ya'icn 'f lndia rubber, for the manufactures Of
boots and sheer Of all kinds, agreeing that the said
should continue during the waoe period ~ hts
patents obtained or TO be obtained, whatever might b.
their ate renewal.
Whsreaa nothing appears the part Ct CODY esr in
the tins agreement that he inter ded either
ucue in this transfer The paeats which he had oss1sl
abc or give the Newark company, besides lbs
ss s, ss in 1t sas
correspondence which accompanies the pspe.s.
Whereas in fact the 26th II June, 1s4S, Hutchin
son hen The President OF the Newark ceneaoy .fSse
eeive authority for Importation France
cAhs In5ia rubber goods, and
Wbeieas the following day, tie 27tn Of June, Cod
year wrote TO Dor, ng him 70 pla,e imp adj
neDts in the ct chat importatsn but it Ia certain
tina, Der has constantly oppoAed H. sn specially on the
18th OF March, s49, in to Gaigneao, Fserch
merchant who had scknowle ced his rga and solicited
fro him the permission to import be declared be could
sent and threatened to prosecute the said Gsg
rsau If IN future he saoud import into France shoes Of
American manufacture.
Whereas this Interpretation given 20 he act Of traus
fer Of the 18th July lS4S by the contracting patti
thens. ives who have not been able to defeat The oppo
ton OF Dor in conformity With the right lulree in
France by the importer according 10 article OF tue law
OF the 7th Of January l1sl In virtue OF Which the New
ton patent obtained On the 10th OF Apn 1874.
where's according to the provisions OF this article
the parry who fist introduces into France FOREIGN ic-
vention entitea to the same aavaEages the aven
tor himself
Whereas those advantages included the right OF ssng
s. wel e. o. snansiicuing exclasivsiy IN franss.
Whereas. Goodyear, the inventor Of the process in
question. had then oy importing it into France aud
cetei'g &c Liz importation patent exclusive right o sell
ng as well as manufacturing there
Whereas, Hutchinson HENDERSON Snyih. his paten-
tess having the SAD rights as he possessed have Alone
in principle the right OF manufacturing ana selling in
In France the products obtained from he Of the SAID
patent Of 18th fAp,ii 1874.
the pa mt OF Newton Goodyear of the 1eta of April,
1874,
yeus 10 the patent, article 16 of law Of
th Of February l7el, states that every invsntor
vctec Of having aimed patent for his invention al
ready described in printed and published works VIII for
tett his patent but that provision cannot be apPed Ia
THIS SUIT.
anterior 70 the delivery Of the Ne scu patent the
cess described therein may lave been pu IN any
Wiss*o wc1s, either In AMER "a or IN England;
whereas besides u before takirg ont In france his
patent under cae Of 10Th o. April 1911 Goodyear hso
MADE numerous iments in America was decided
In ac at the Tine OF nis SUIT against Inc American IN
frpgers 81 nus patent mat Inc secret OF the conposiuon
OF ms ps ehted arie nad not peen maze NOVA before
e wsf net suhc'ent OF isen To Involve he Puociy OF
me process. -
whereaf there IL no cause shown Ia ne suit whether
IN America parent can oe taken curing certain upi1
a!ter the pro'ess has been published, and
where's rom all the papers and documents produced
sppears mat until tbe cay on which the patent OF 10Th
OF APRIL lS44 was Obtained the process OF Goodyear re-
manned is the dssree OF heat to
insure success remained un1nown and that a;het'ca
ANALYST was powsriess TO discover it,
whereas finally the question was In regard 10 ths
patent OF importation authorized py afc OF the law
ttne 7th OF January llal
whereas, like patent r' pied then thai the imported
induhty was not and could not De already snowo IN
foreign country; snat the law only required Tor he de
Every Of IKE patent tina the Psentee should be ths
hrM 10 nfing the ioreign Invention INTO france.
Mn1ieas Ie SAINT p'incp,es oooG not tnen reguiate
.ae pAstn =. Sns ue p-.en o. u
VIZ o. sne orie,are causea oy previous puoics,on
Maereas Ioooyear, IA ies4 FAC c9mpnea WIN Al enc
oongauons .nrn nposeu " rsncn iegsauon Ia ofoef
70 , opssln isssiy MS paeeus =. tmposat,oh.
fess,o W ne pea " iosieituFe oasso o. tle tacs
INA 90 oysAr tnouio not IN ascofoace WIN the pro
sEont OF ING aw nav pu. nus inveason In opstaion
se ne Oh .wo years yer tne iosnot April
ns ofte o. .ae oeHVey 81 nus pattn'. whereas,
ns s IA ne sun NOV INA. previous 90 zee ex
soh OF tne hrst Two years Oh the patent OF inporsa
uon IN dispute, DOT wAs sent TO france by G11cvear,