Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1882-03-15
lust Wait q Lille.

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The journal of Poultney, and various
other papers copying therefrom, have
been publishing doubtless at the instance
of the Mosley & Stoddard manufacturing
company-remarks abont a decision that
Judge McCrary, of the United States cir
cult court in Iowa, made January 10 ,lSS2,
in the suit of John Boyd vs.. j. G.. Cherry.
for infringement Of William Cooley pat
ent on milk setting apparatus, dated Feb
ruary 20, 1877, wherein Judge McCrary
decided the Cooley claim to be void. be-
cause of prior use.
The object of all this Is to induce the
public to think that patents OF the Yer
mont farm machine company under which
the Cooley creamers are manufactured
have been finally declared void, and that
It is perfectly safe to buy and use infrlng-
ing apparatus. 1t will be best for infring
ers to make haste slowly. 1t is true that
the Vermont farm machine company owns
an interest for the east in the patent above
referred 10. 1t is also true that said pat
ent is but one of number covering the
ground owned by tho Vermont farm ma
chine company, under which the Cooley
creamers are manufactured, and until all
of them are declared void by the court of
final resort, the United States supreme
court, it will not be safe to make or sell or
use any infringing apparatus. The public
ought to understand the position of the
| Vermont farm machine company in these
matters. Wewere the pioneers in making
and selling the cold water deep-setting
milk apparatus. The American public is
indebted to this company for the practical
perfection and introduction of such appara-
tus, which is now revolutionizing the dairy
business. We have spent large sums Of
money in perfecting it, and in making it
known to the American people. 1t is only
fair that we should reap the benefits of our
labors, but no sooner had we begun TO
make the new apparatus a success, than
pirates sprung up on every hand; their
community of interest has made them n
solid band; whistle to them in Iowa,
and they dance in Vermont and vice versa.
Let 1t be understood that we shall use the
same vigor and perseverance in protecting
our patents and prosecuting infringers
that we have used in developing this in
vention. Until the United. States supreme
court decides all our numerous patents
void, tho contest will not end, and we
trust that those who now infringe, either
by making or selling or using, will not
cry baby" when the day of settlement
comes, as it certainly will come.
The case before Judge McCrary was
submitted without argument, which was
mistake on Mr.. Boyd's part. Three at
least of Cherry's witnesses are self.con-
fessed "jail BIRDS The case, is already
SET down for a rehesring, and we antici-
pate a different decision; not getting it,
the case will 60 Immediately to the United
States supreme court.
The newspapers referred to are made to
speak of our "More enterprising and
progressive competitors" Properly and
plainly translated, this is doubtless intend.
ed to mean the Mosley & Stoddard manu-
featuring company.
If wrongful appropriation of invention.
and willful Infringement of patents is en-
terprise and progress, then they arc
more enterprising and progressive" than
we are; otherwise quite the reverse. Per
haps it is Just rs well for the Mosley &
Stoddard manufacturing company to have
its laugh now, rather than to wait little
for our suit against the users of their
goods under another patent to be argued
in the first days of April, 1882, and after
the decision they may feel as the fellow
did who laughed at the bull, and minute
later from the other side of the fence said
Its well l had my laugh first, for I dom
care to now" In this suit we have
shown very thoroughly that their claim tc
be the introducers of the cabinet" cream
cry is an idle one, and that tho public is
indebted TO us for it, apropoS of which We
remark that the patent they pretenc1 tc
operate under does not show, or in the
most distant manner allude to, n cabinet.
| VERMONT FARM MACHINE COMPANY.
Bellows Falls, March E, 1882.