The Rock Island Argus. (Rock Island, Ill.) 1877-1885, 1881-02-07
An Important Decision ,

! An Important Decision,
| An important decision was rendered in
the U. 8, Circuit Court for the eastern
district of Missouri. which affects Deere,
Mansurk Co.. of Moline. being relative to
a patent in corn planters The case has
been on the dockess Of various courts for
two years and the decision just rendered is
very exhaustive. The plaintiff George w
Brown, sues Deere, Mansur Il Co., for
royalty, claiming that the corn planters
made by the said Deere, Mansur & Co.
are under a patent to the plaintiff The
defendants say in Offset to this. that the
plaintiff never used the patent. made no
special claim for the same, and the de-
PENDANTS having caused the sale Of num-
bers OF the machines. and gained repu-
tation for them. the plaintiffs rights have
lapsed, and they asked an injunction
to restrain said Brown from demanding
royalty, claiming for the said Deere.
| Mansur & Co. that the failure OF the
plaintiff TO utilize his patent was because
the defendants had anticipated the use
etc. Ia very exhaustive opinion, Judge
Treat. of the U. s. Circuit Court says:
The grounds of the motion are substan-
cially that before the hearing and decree
| of the court, defendants had entered into
q large x number OF contracts to
| furnish their corn planters to agriculturists
10 several states and tina. there is not ad :
equate time for them 10 reconstruct their
| N aohinss SO as to avoid the infringement
| as found without disappointing their Gus
toners and fastening upon themselves
large damages for non fulhllment of their
many contracts.
y
II such be the true rule, what is the
riRhtful application in this oascP This
suit has been pending for two years or
more, each party confident tha; the dsci-
sion would be 10 his favor la tie mean
time each has proceeded accordingly The
plaintiff had not for many years pushed
his invention or put its products on the
market, Occasionslly and to limited
extent. he had manufactured and sold his
rotary seed troopers, bat relied mostly on
his osclllatory machine. In the meantime
the defendants and those with whom they
are associated had: put upon the market
their machines and built up large trade.
Ii is unnecessary now to discuss the
relative merits OF the respective ma
chimes.
One fact, however, has not escaped the
attention Of the court, viz: That the
plaintiff seemingly attached very little
value to his patent until The defendants
and their associates introduced and popu-
Iarizad plaintiffs patent. Still the plain-
tiff's rights exist and must be protected.
Tbs defendants knew the tendency OF this
suit, and that it was ripe for hearing;
that i: could be set down for hearing ut
the instance OF either party before the
defendant made any of the contracts
named in either afidavits. They are
vendors Of the infringing machines, and
pending this suit. and while it was ready
for final hearing they entered into contracts
to furnish the sans, the non fulfiIlment of
which will subjsct ihem to serious damage.
| Does that fact present any just ground for
permitting them to continue infringement?
Were not these contracts in their own
writing?
X
The decision of the court, therefore. 10
that the motion for rshsaring is ovsrrulcd
and the motion to suspend the interlocu-
tory decree for a perpetual ipjanctisn is
also ovsrruled.
This is one of the most important deci-
sions rendered in years. as it affects more
people and has a wide interest. The
influence OF this decision will be felt in all
sections Of the country.