St. Johnsbury Caledonian. [volume] (St. Johnsbury, Vt.) 1867-1919, 1876-10-06


A Patent Right Case Decision.
Some of our readers will recollect
that during last year, IL lawyer from
New York was in town. making ell
quiries and taking dispositions respect
the Lyman NentiIating and Refrigerator
Co.. that Il certain principle on which
all rctrigerator>. refrigerator ears. etc,
aIc now built. was an Infringement of
Il patent held 10y that company. Their
claim was contested mainly on the
ground. aS we understand. that retrig
orators were built which contained the
Improvement claimed, long before the
patent was issued to the Lyman Co.
The cast. had Increased interest here,
because the improvement on which this
company claimed Il royalty, WAS really
an invention of Sir IhaddcuS Fairbanks,
the inventor of the platform scale. As
long ago rs lclG, he made application
for Il patent embracing this very claim
in controversy. and from that time until
the present. he had caused made and
had in use III his family such improved
rctligcrat"lS. Therefore it will he seen
that the attempt t" establish the lyman
cos claim, involved the conviction of
Mr.. Fairbanks of infringing Il patent
which WAS really his own invention.
The prrsi>tcncy with which the prose
cutinm logged and har;tSSed this man in
THEN attempt to establish their case,
makes the decision all the more CRAFTY .
ing. The following letter from the
/ leading cor>cl in the defence. together
/ with Judge ShcplcN'S decision. will eX-
/ plain the matter more fully:
NEW YORK. sept. II, 1876.
Dear Sir: We are most happy il
~cmdin" YOU to-day II copy of judy,
SheplcN'> decision on the Lyman Patent
eases. which decision i Il complete vic
tory i"r the defendants and Il most per
feet Nindicatinu of you personally ant
of Your invention. Judge ShepleN. tl"n
the evidence. regards it a. ''peIicctlN
conclusive that Nuu built Il rctIigcrato
in l-l6 and another in l-l9; that they
were the same IL dc>crihcd in Your ap
piiratiou. and that these refrigerator,
continued III Use and are the rctri"rra
tors that y"u produced. and are tn,
ones now in Your house. On evcIA
point then You have been vindicatc,
most completely. II l. Il great graft
ticailou that We have been III any way
linus able t" be instrumental III defend
in" N"u IN what was Il most determine,
attack against Your personal integrity
for ourselves and our clients. are very
much indebted to You in this matter
and the public also have now again {,
thank Nnu for defending them again>
an invalid patent.
All the rN idcnce. 50 fan aS we know
shows that You were the first PERSON t,
build refrigerator. with an elevate,
ice box. with an opening at the top an,
bottom. The whole principle of the
subsequent inventions and improve
mrnt> is contained in your original ap
plicatinn of l-iG. In these cases ",
proved various other rcfrigrrat"rS. re
tcrrcd to 10y Judge ShcplcN a> antcrio
to the l.N man patent. but they were al
of them subsequent I" your invention.
We suppose that this decision will b,
the end of all litigation IN the matter
but We think ii wise for II while To still
mold the original papers of yours tina
We have. in ease the Lyman Comp;,n,
should attempt some olhcr suits "r argu
, mrnt> Yours truly.
DICKER>oN \ BEAMAN.
lion. Thod,IcH> FdjrbnnkS,
-. Jnhm>burN. Vt.
The following Is Judge ShcpIrN> de
ci>inu. above referred Ia. in the circui
court "f the United States. delivcre,
Sept. %. I-7G. in the ease of the Lgma
Ic"tii"iing and HttriUrdt"r Go. rs. NeW
I'll ChumbtriiH # al:
The rci>>urd Letters Patent granite,
March 10, l-74, to stephen Cutie
assignee of AZcl :. Lyman. No. 51S,
for IAN Improvement i'll methods q
coolim" and Ncntilating rooms" HAY
. repeatedly been the subjects of litigi
ton. and the claims of the patent hav
repeatedly been the subject of Judicial
, constructions I'm the suit of thcs,. sam