Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1875-06-11
THE b Rim GTON.
The Woodbury. Patent Case.
The following order was issued from the
Department of Justice, May llth

Department of Justice, May llth:
DEPARTMENT OF JUSTICE.
WASHINGTON, May II, ls75.S
Calrin> g. child, Esq, U. S. Attorney, Stamford,
Coma.
SIR enclose the petition of l. Gould for scire
fdcas proceeding gainst the patent granted TO Jo-
seph Page Woodbury., OF Boston, Massachusetts,
April g. ls73 numbered 3s, i62, U. s. Patent Office,
duly ass sDed to the Woodbury. Patent Planning Ma
chine Company Of Hartford, Connecticut also 4
copy Of a letter from the Commissioner OF Patents
to the Secretary OF the Interior upon the SUBJECT OF
the petition, and copy Of one rom the secretary
to me enclosing a copy Of the Commissioners
have determined in view OF the facts as present
ed in the petition and the letter TO the Commls-
sioner, TO whom 1t was referred ior repVd1' 70
low facl1s bill in equity to be MED IN the
name Of the United States IN the proper court TO
carry into effect tie objects oi the petition.
When therefore, a bill IS duly prepared BY the
counsel for Mr. Gould, and presented TO you, set
ting forth in substance the case as stated IN the pc
ton, yoa are authorized TO subscribe your name
there o. as District Attorney, and also mine As At
tornev General of the United states, and cause the
said bill prepare d,to be filed IN the proper court
The cause, thereafter on the part oil the petitioner
will he eoScucied by his counsel and you are TO re-
ouire Of him upon the filing of the bill. proper Sc
curity to indemnify the United states against ali
Isl .l-dl GEO. II. WILLIAMS.
Attorney General.
Tae Woodbury. Company then filed q pc
tition for stay OF proceedings and hearing,
as follows
TO the Honorable GEO. II. BiAialHs, isfOTHey GtH-
eTdf Of The UHited States
Your petitioner, the Woodbury. Patent Planning
Machine Company OF Hartford, IN the state oil on
ueoticut respectfully prays that the proceeding
upon the petition OF L. could, president OF Z. Is.
Rogers & Co for order to the Attorney OF the
United States or the District Of Connecticut, Tor the
filing of bill for the repeal OF Letters Patent, mum
Der 80 TO-, granted TO Joseph T. Woodbury. ApriI
-, 1873, may here-opened IN order that your leti
toner may he heard upon the questions ihFol'eu'
The aiidavits upon which the SAID Gould bases the
SAID application, grossly misrepresents the iaets
connected with the history of Mr.. Woodbury. IL
These aaidavits set forth, substantially
First. That Mr Woodbury. was not the inventor
Of the invention covered by the said Letters fAtet
Sec nd. That the Invention was IN pubic use win
the knowledge and consent Of the SAID woodbury.
more than two cars before his application Tor the
said Letters Patent.
is abUldantly able 10 disprore IL tae opportunity
t. do so be ccorded.
Your petitioner IS the sole owner of the Letters
Patent aforesaid, and because Of the irreparable
damage that would arise 20 your petitioner by the
commencement Of proceedings on the part OF inc
government for the repeal OF the same Il is believ
ed to be a matter OF simple equity that both s4ues
shall nave a hearing.
Your petitioner, therefore, prays that the pro
ceediugs n the premises may he re-opened that 1t
may have tie opportunity to produce rebuilt NJ
evidence, far may be necessary ana lhat
pending the consideration OF the petition the At
rney Of the United states for the District OF Con
Germ, may lie instructed 10 suspend pioceeun@s.
Tue WOODBURY. PATENT FLAMING ~
Ey WALDEON II. kAsp. Secretary.
SAN L. A DUNCAN o. COUNSEL
May II, lo'j.
TIL ,,..,s r-onfai and a basrirr had INV
ms ""9 7'""'S- "a -'N-'
2jth. The Commissioner makes the iJl-
lowing report
l. = PArENr OFFICE,
WASHINGTON. u. C., May - l-15.)
M tf.i5. ,l S.-,,,-,, al, ,b, It.r,or
SIR In the matter Of TIE petition O. l.. Uould
!oI S,tl' ,a,tN " 60 u "a S. Pa'14' ,.t
-, -. - h. - -, -, b,- In,
at the suggestion % the Attorney General, ! res
uect.uiiy rrusft as follows
An examination o! NE records 81 I1ls one t ~.
eiu~es no e'- ieL'e o.. .luu ' u 7-ula' - %. ~.
issue oi ms It.ei.. ~ @p5tis l9"eael, maj ,e
patent VS. f.1tu - .HS tii-l-' ei,4t l'"
Test anu N,is unusual paper s'-Iet 'S Liii'
iound ia tAe iie'A copy @, Mn4oh 5 hereto aiue
marked AHtht a. ms 4acl 81 l.sel'' IA ny
vp.hVu' Is '"l sumo -eu' ~ nalia't '.lc ~ .
dAten "l 'ei tJ''ilS proceedings against the pA'eu-
hA llt secretary q the lulelloI.