New-York daily tribune., 1859-07-30


toned. Goodyear became the sole owner Of the Chsa-
fee pa,sn, a, early A. the 2sth Jure 1884, and sos
18th July foloxirg gave license to the Na'saaack
Con paby 10 manaf are cloths, with certain sxcsp-
tions, under all his patents in which he was
then Interested, in which he might thereafter b
interested w ued 10 be issues and alss N al re-
pewals of patents. He also gave like sSessssve IL
c.nse, on the 18th Of March, 1871, to W. 4. John
Rider, for manufacturing ship letter and mail bass'
Now. | bave most profound respect fsr the
learned Judge vino delivered this opinion but ~ the
case turned not upon this question, but upon other
points .hese licen,es have to ~ critically examined;
b,,.use il will be found, on looking st the bcsnsss
referred to by the Court that they are aiusrsss u
language and in terms from the Naugstuek hnsnse.
But wha, Goes the Judge ssy, when he comes % 'ne
point on which the CAGE decided IAN these
various licenses sferward became consohdsssd IN tos
Union India Rubber Company, tho defendsns u 'oS
suit; and present, therefore, complete dsiease '"
the suit II Goodyear the true owner Ut the Chsnee
renewed patent" lard they decided, - they say, .
little below, tha. he was. "Tne license of the de-
PENDANTS, thereior, in this case, stands nP"e
two grounds, either Of which would sss@ 70
constitute sufficient defense TO the suit for infringe
m.p,: First. authority from Goodyear the owssr ot
press recognition Of ChAfee, the pstsntee, II tie
,eb, Of these parties, as licensees OF Goodyear, 70
use the improvement. And we may add 10 these
grounds of d.fense, that upon the Interpretation Of
The Court, in the case Of Hartshon Day, Of the
severa, agreements res,ing to this patent and sspe-
ciay that of the 5th Of September, 1850, Day took
no ntens in it under the assignment Of Chsifee, u
Ist of July, 1862 he having previous 10 that ttne
IA foyt he heua 0f
and bis licensees"
Those are the grounds upon which the Court put 4.
There was no question before them about the rsnewsd
or extended term Of the psent Of June i5 1884, and
| presume it was never argued. II vas another
patent. en.r.ly-the Ct afree patentand the decision
is pm upon the ground that the complainant Day,
had no right whatever If tue patent violated, TO
recover and that was sufficient to decide that case.
But the Court went on and decided that the defend
ants had right to the extended term Of the Chahee
patent under the license from the Naugs'uck Com
pany. Now, what is that license THAT the
said Charles Goodyear in consideration Of tho
payments and stipuations herein provided
hath given and granted unto the said
Nau, atuck India Rubber Company fun and
absolute license to use any and all his prepare
tons of Inois Ruber and improvements In the prcps-
ration of India Rubber for manufacturing cloths Or
any other article Of merchandise, or any article to
which the sane may be applicable for and during the
unexpired term Of all patents issued to him bearing
apv date whatsoever" There is full sentence He
gives it TO them daring the term Of al patents issaed
TO him bearing any date Whatsoever. &c And for asd
during the unexpred term terms Of any other psen
paepts or renewal Of patents owned by him lthaf is,
tia he then owned, or in which he may have an
interest. issued or to be issued That was TO cover
cases where be might have had interest in patent
which had not beeo issued, and the Courts have de-
oided that you can sell al interest n patent that TO
be issued
Now read it the other way, a. the counsel TOT 'he
defer rdants would have read For and during tho
unexpired term Of all patents issned to him bearing
any date Whatsoever, add renewals of patents Owned
by him. or in which he may have an interest, issued or
10 be issued" You would have him using the word
issued twice. because he hss granted above, the night
10 the use of his patents is sued 10 him bearing any
date whatsoever, which is fall-grsnt; and then hs
grants to them in q different sentence the for and
during the unexpred term terms OF any other patent
or patents, or renewals Of paterts owned by him."
Does not the word renewas in this sentence, refer
to patents that were owned by him but mot issued to
bim-becauss there was the Chafse patent which was
owned by but not issued to hm-or " those in which
he might have an interest for tho invention 10 b. pat
ented
Now let ne look at the license to Trotter. Sec the
difference in u language. 1t is license to nse any
of the machinery, compositions and methods o.
manufacturing and preparing India Rubber
which the ssd party Of the first part row he's or may
hereafter have, by virtue Of any patent or patents OF
oherwse, for and during the ucexpred term or terms
Of sny such patent patents, renewal or removals
Thereof, which or may be owned BY him, or 10
which he may have an interest, or Of which he may
become possessed" That is different language On
tirely.
The next is the license to Riders & Trottsr. This
contains an express provision that II shall continue
during the une1pired term terms Of said ps.ents,
or any Of them or the renewals thereof That, tssre.
fore is very clear. lie intended to convey whsssver
be did convey to them during the renewal Of all
patents; for he says in express language. II -
continue during the uuexpirsd term or terms Of said
patents, any Of them, or the renewals thereof
In the agreement Of Goodyear vita the Union Con-
psuy Of April 23 1853 he speaks of the patent about
to EXPIRE ard this is cited by the counsel for the de-
.ndalts to show that the Nsusstuck Hcesse wss In
to extend into the extended term Of the patent
Of June 5 1874 by this agreement. Now, let US look
at this moment. 1t says: " That whereas tho
parties Of the second part have certain rights end inter-
ests iD the patents Of the perty Of the fret part
under an agreement made by the party OF The hrst
part with the Naugstuck India Rubber Company
with Jonathan Trotter, with
William Rider 4 Brothers, and an agree.
inert made with VIM. Rider & Brothers and JON
dtban 1gotter; aud whereas the ps-
tent Of the party of the first pant. dated June
IL, lS4i, is about to expire, end spptcati,n
ha, been made for an extension thereof Nov In order
to 6 define end render certain the rights and obgs-