The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1877-09-28
Judge Miller's Decision In the Great
milling. Cascs.v.A Fuller Report.


Yesterday morning Mr.. Justice Miller, ol
the Supreme bench of the United States,
who is sitting here in the United States Cir.
cult Court, rendered the decision Of the
Court upon the motion Of the American
Middlinss Purifier Company for a prelimi'
nary Injunction to issue against several mill
| ing companies OF this city.
The Court, to the eminent satisfaction oi
the milling interests here and throughout
the country, has denied the application for &
preliminary Injunction. Had the injunction
issued it would have had the effect OF suS.
pending business at several OF the large
mills, and thousands would have been
thrown out OF employment. Under the
ruling OF Mr.. Justice Miller there is no ne
cessity to enioin the millers or to put them
under bonds pending final determination
Of the question OF patent-right.
The opinion is in substance as follows:
The defendants averrcd that the reserved
patents differed from the originals. This
Mr.. Justice Miller decides has not been suffi.
cicntly clearly presented to destroy the va.
lidity Of the patent, the presumption being
that the Patent Commissioners acted rightly
as to the objection that the patent was de.
void OF novelty. The opinion states that
this point also has not been so satisfactorily
presented as to upset the plaintiffs claim.
The petition charges the defendants with
infringing several patents issued to William
4. Cochrane, all Of which have been as
signed to plaintiff These patents are re-
issues following upon q surrender of the
original patents, and they relate to the new
process as it is called, OF making a supc-
rior -four out Of middlings. ..s.
The patent OF principal importance in the
-. for tho hy which thpca mid.
dlings are purified and converted into flour,
and the others are patents for several ma
chimes used in the process, The bill prays
for a preliminary Injunction.
The defences are, first, that the patents
are invalid, and second, that il invalid they
have not been infringed by defendants.
The patents are found to be valid by the
judgments OF the Supreme Court OF the
United States in the case OF Cochrane rs.
Deener, and, while that Judgment is not an
estoppcl as TO defendants because they were
not parties to the former, it is not denied
that it is conclusive in this Court as to the
principles which it decides, and raises a
prima ,focie presumption OF the validity OF
these patents. .s.... . Wi.
To avoid the legitimate effect of that iudg-
ment, it is alleged by defendants that the
judgment Of the Supreme Court was OBJ
tained by fraudulent collusion between
the plaintiffs and the defendants, imposing
upon the court what it believed to be gen.
uine contest, while in fact it was intended
and desiled by both parties that the patent
OF the plaintiffs should be established by its
judgment. There is failure to prove that
position.
The fact that parties to this suit have
filed a motion to Vacate the Supreme Court
Judgment on that ground certainly has no
tendency to prove it, nor can a presump-
ton of such cOllusion arise from the fact
that the case was heard on printed argu-
ment instead Of oral.
1t is next urged that the reissued patents
are void. because they differ from the origi-
mails in important particulars, and it is said
that this issue was not before the Supreme
Court. 1'-..''.
1t appears to be true that no such ques-
ton was considered, and if it was satisfac-
torily shown we should give the defend
ants the benefit OF it; but the action Of the
officers of the Patent Office in reIssuing
these patents is presumed to be right.
The allegation that the decision in the
Deener case was obtained by collusion is
declared not to be sustained by the evi-
dence. .
The Court holds that the preponderance
of evidence is not in favor Of the plaintiffs,
who have presented but one witness and
two affidavits. BY law the burden Of proof
rests on the plaintiffs, who have not salts
factorily established the infringement. The
Court holds that there Is no necessity to en-
Join the st. Louis millers at the busiest sea.
son Of the year, or to put them under bonds,
bat orders an account to be kept Of the
working OF the mills, and that the apparatus
employed be subject to plaintiffs inspec.
ton. The junction is denied. -...
Judge Dillon concurS.s,: