New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1879-07-23
THE COURTS.
INSULATED TELEGRAPH WIRES.
INDULAl I'D EIJTUh4hI II " IItH8'J'
ANOTHER DECISION IN FAVOR OF THE GEORGE b.
SIMPSON PATENT.

| ANOTHER DECISION IN FAVOR OF THE GEORGE ID.
| SIMPSON PATENT.
Judge Blatchford handed down decision
yesterday IN the United Circuit Court in the suit
brought by Clinton G. Colgate, assignee OF George b.
Simpson, against the Gold and Stock Telegraph Com
pany. motion bad been made for preliminary In
junction restrain the infringement OF letters patent
granted to George Simpson May 81, 1867. for i'm
provement in insulating submarine cables The patent
had sustained valid in a suit brought by the
same plaintiff against the Western Union Telegraph
Company The patentee claims the combination OF utta
percha metallic wire In such form incase wire
wires, otner conductors Of electricity within the
non-conductlng substance gutta percha, making sub
marine telegraph cable flexible and convenient,
which be suspended poles the air, submerged
In water, buried in the earth, for atmospheric and
submarine teegrIphio communication, and for other
electric, galvanlc and other Infringement by the
defendant denied and tue sole defence to the mo-
tion a denial OF the alleged novelty Of the invention
Referring this fact Judge Blatchford in the decision
says Under such circumstances when the patent has
been sustained final hearing against the largest aud
most wealth telegraph corporation In the country after
exhaustive research and full testimony aud argument
and when, here, the Western Union Telegraph Com
pany shown nearly one-ha Of the capital stock
of the defendant and the relations OF the two companies
shown to be such that the defendant is substantially
part Of the Western Union Telegraph Company, 1t is
incumbent the defendant in adduclng any new mat
ter in this case, tins notion to make it extremely
probable at least, that IL such matter had been
put I'm evidence In the former n different result
would have been reached by the Court"
Since tHe rlal In the Western Union SUIT Clarence ~
Seward sent To Europe 10 collect evidence in be-
the defendants the novelty the Simpson
invention. His report was read during the argument
and when the defence based ease, were first,
extract from The Bremen gazette OF Sunday. Deem
her 49, 1917 containing account OF the trials which
the German Government was causing to be made con-
corning the introduction of the elect rOmaguetic tee-
sta IL
highest degree in favor OF laying the wires underground
IN coallngs OF guta percha The trials were conducted
by Lieutenant SIemens The account says " II the IN
sulation Of wires underground invented by Lieutenant
principal cities may be easily put III communication
with the capital" OF this article Judge Batchlord
says II is evident that It more information
than "a similar article in another foreign paper pro-
duced on the former trial Neither OF them describes
would enable person 10 construct telegraph ca
bic according Simpsons specification. Oner modes
or laying wires IN cOatngs OF guta percba might be
included IN the piraseology OF the articles other than
the mode OF incasing the wires in complete uniform
coat OF gutta Perca sucl as IS described m SIMPSONS
patent "hIe, therefore,, says JuISe blltch t
10 Is easy for us al the present day 10 suggest from
our Older knowledge since acquired, what LleniGnIht
Slemens might nave done, ana 10 now suggest mat ms
wires completely covered along their whole
length with continuous ana homogeneous or uniform
cOatings of guta percna yet mat Information was by
no means conveyed TO the teleSiaphc "olIu ny 'ne
Tnc second point which Mr. Stewards report contained,
and on which the defence relied, was patent Ia en-
out Eur pc by Rutter, dated December %, 1917
The specifications OF this patent were examined by eA-
perts aud, among others b. Professor Norton In his
formation than the extracts from the foreign journals
lie says his atiilayt a." IL impossible TO gather
from the slight mention made in this specification Of
he uses Of guta pcrCha what the patentee understood
OF its uses or capacities, aud am by 10 means con-
WINGED by the specification that the palenee supposed
that gttta pCrcha ITSELF an usu!alOry material
"Tne afidayits OF the experts for the defendants,
saws Judge Waterford and the argument or It's conn
sci are largely founded the erroneous view mat
simpsons patent invalid II be was not the nrSt as
cUycrcr OF the Insulating property OF gua percha IL
that In the former II was ncld on the evil
dcucc, that Simpson the first dscOyereT oil the s-
laug property Of gutta pcTchr beng prior TO faraday
$50 But, before stated the claim OF the patent IS
by which that discovery is made use OF. " UndOubt-
edly. If the structure OF simpson, as described aud
claimed by him, were described IN q publication, or
patented, Of date earlier than Simpsons invention,
but stated be made for underground or aerial use,
and not stated TO be made for submarine use, 1t could
not be subsequently patented Tor submarine USE But
as Simpson was first inventor OF such structure. he
has the right under his patent to the exclusive use OF IL
for all tel graphic or electric uses TO Wllch II is
adapted"
In conclusion Judge Blatcford says the proper order
10 be entered that preliminary injunction issue 10
restrain the defendant from making the inv ntOn de-
scrbed aud claimed IN the patent. ana also from using
tine SAID invention except the identical wires and cables
now used by IT, The question OF the issuing OF prrn-
mary Injunction the further use or lie lden-
teal guta pcrcha insulated wires or cables now useu
by the eiendant postponed until the Masters report
received. Joseph Gutman, IT, Is appOlnteu Master 10
take evidence to what shall be reasonable Incense lees
Tor the future use OF the invention, aud also on the
question OF what If anything, could be substituted Tor
the Eutta-pe rcha-cOyered wires now Ia use.