New-York daily tribune., 1859-07-30
IMPORTANT DECREE
Vsl<apized Rubber in all Elastic Fabrics.
CIRCUIT COURT or THE UNITED STATES. DISTRICT
or MARYLAND.
TO THE USE or

Of MAhiLAND
Horace n. Day h0l. 0gt. JOHN SteliHaon ct al.
ps~;sicn OF Judge GLrs on the 6ns hearing on plead
ises snd proofs, reported by W. ii. Burr, aud re-
vised by ihe Court:
The ease Of Charles Goodyear, Horace ii. Day aud
Alsxsrd der Hay sgt. John selnan and Others, occa-
pied the attention Of this Court some nine days, ana
was argued with an sbiity ond Intelligence on bon
Sss scarcely ever surpassed ard only repeat what
,sid the other dsy that throughout the entire argu-
men, the Court weared OF lost ts interest IN IT,
feeling tat the cass full Of mos. important and
Interesting quesons that there must he, from all the
ssrroupdirg circumstance, large amots Involved IN
thu true decsion of the controversy and that was
c,,v .nother evdenc, Of the value of the patent OF
Jnnc u. 1874 which has rendered the gum Of Sonth
American ti.e one cf the msrvels Of the day IN its
manufactured state, causing it to be used adVan'
,.y.euy in alnost every department OF industry and
% minister TO mans comfort in thousand ways.
Since the adjournment OF the Court, have very
carefully examined the evidence in the cause con-
taned IN the depOstons and docum' nts, AID having
made up my mind in reference to the disposition OF
Tie cause have thooght it best not to wait to pre-
psre written opinion, but TO announce 1t as soon as
.ssble Inyefer to do this in alb cases. because il
enables NE to DO justice to the argu nents of
counsel while they are fresh in the mind Of the
Ccur, and take that now, in this case rather
than let il pass over the Summer vacation, and decide
1. in the Fall.
The hill; was filed OIL the 10Th Of December last. 1t
set forth that letters patent were granted to Charles
f,oodyear, on the 18th day of June, 1914, for new
process Of preparing lpdia Rubber for manufactures;
Nhsa said patent subsequently, surrendered on ae-
ec.nt Of defects in its specification and on tue 18th
sd December 1874, two Lew patents were grained to
goodyear one for Improvement in felt'ng lnda
Robber With cotton fiber with which we have nothing
10 do in this esse and the other for an improvement
in processes for the manufacture OF India Rubber that
these two patent. were for the Of fourteen years
from the 18th Of June ls4 that the Commissioners OF
Patet t. on the I4th day Of june 1853 after foil argu
eo granted an extension Of said patents for tine term
Of seven years from the 18th OF June, 1885, that sub
seossntly Goodyear, by several instruments made in
1886, sold and assigned Day, of the complain
ANTS the ped patents far related to the prepare
A,on and manufacture Of srred elastic lDda Rubber
goods exec pt in go far the right to manufacture sad
Goods had been parted With by Goodyear by three
several licenses, viz.:-to Hutchinson u Runyon,
Ford a. Co.. and Onderdonk d Letoon, which said
Hcense. were duly assigned the eaid Goodyear sub
,squsrtly, and by him assigned to Day.
a then sets forth that, in October, 1852, Day as
.s,ed all his interess under this contract to Wnsow,
sv,os and Gilbert that these parties assigned IT 70
The Congress Rubber Company corporation OF the
CT, Of fNew-York, and that said Company, in 1867.
Yessssped the interest to Day so that all the inter-
..s conyeyed by the contracts of 1876 vested
pDsy, except small portion which Day parted with
70 his co-conplainant, Hay, on the lst Of October,
1858.
IN. bill, further sets forth that Goodyear on the sth
Of Nsy, 1858, conveyed to said Day the iuu soso-
hte and exclusive license, right and privilege to
make use and vend bis, the said Goodyear : inven-
lion Of vucanzed rubber, described ard patented
IN the ressued patent granted 70 him on the 18th day
Of December A. ID. 1919, for the present and sll eI-
tended or renewed terms of said patert As the same
may or can be used in rhe manufacture of all braided,
woven. cemepted sewed fabrics, or such as are of
san be covered or protected both sides with
substances other than rubber, and in all smooth,
slsstic shrred goods aud also to make and sell Inda
Rubber threads of vucaAized rubber and all threads
sheets Of rubber which are on can be made or h-
isbed by union with, or to be covered by fbrous SUBJ
saano.s."
II then sets forth that in 1850 Goodyear instituted
suits in NewJeisey in equity and at Law agains. Day,
which were heard before the Circuit Court OF New
jersey, in which the validity Of these patents
maintained as reported in Wallace, jr.'s, Reports,
page .s3.
L. further AYERS that the defendsnts in this
have violated the patent of June 10 1874 ieissusd
December -, lS;9 aud e,ir nded the 18th day OF
june 1885, by selog large quantities of Saspsnders
which are made of vucania I'd ludia Rubber, an
shirrd o, corrugated Soods nditprals injunction
and socount.
Tie deiondsIts, ir their answer, set u IS their
deferse that the conn ml,ainant', Day ana Hay, have
DO title tie said patent for TIE porposes set forth IN
ga bIl; that by the contracts Of 1916 SIT up in the
bil and relied upVu by the complananis Goooyea on
certain conditions, Srsotvd 20 Day the privilege Of
using Nulcauiz6d ltdisn Rubber il the manufacture
OF corrugated or shared Ird,s Hobber goods, which
are described H. tie patent Of March Nh 1871; that
the defendants hsve lot, since the secord LAY If ocio-
her 1873, sold any corrugated or sh rr,d india Rub
Der goods 90 msde under the psteut OF March 9th;
ond tina, they have done nothing 10 infringe any rights
held by the psinSn,s. They admit that they have
sold goods composed ia part Of vaiest'zed rrtbtr,
whioh the comp siuauts have TO ngbt TO nanutactnre
ana sell, but they csim that toe right to manufacture
soch goods is vested 10 other parties Under cey:uc
assignments from Goodyear, they SCI Up the con-
tract Of the 18th &C july 1874 between G'ctyeSr acG
the Naugauck loda Rubber Company, aud severa
xes,sa rigb,s nt,r IDdis