Milford chronicle., 1883-06-15
INTERESTING TO FARMERS.
IMPORTANT PATENT DECISION.
The BRrbed Wire Fence Controversy De.
cided Against the Monopoly.

The Barbed Wire Fence Controversy De
$ cided Against the Monopoly.
Judge Treat, in the United States Cir
! cult Court at ST. Louis, No, has rem
dered decision of great Importance to
} nearly every part of the United States.
settling the great barbed wire fence con
trOversy. The Court holds that the pat
ents issued to Kelly q Glidden are void.
and therefore refused to grant the prelim.
mary injunction asked for by the Wash
burn & Moen Manufacturing Company
and Isaac L. Ellwood. The Washburn
Company likewise sought an injunction
against Gustav Griesche and Henry
Fuchs relative to the manufacture Of
patent machines for barbed wire. This
injunction was refused on the ground
that there was no infringement.
The earliest barbed wire patent was
issued in 1867 TO one Hunt, since which
time the issues and reissues have been
almost imnumerable. All Of these, or at
least all Of them that possessed practical
business features, have been from time
to time acquired by the Wash
burn a Moen Manufacturing Company
: OF Worcester, Mass, and Isaac L. Eli
/ wood, of De Kalb, JILL, the plaintiffs in
the cases referred to. OF all the numer-
ous patents the only practical ones are
those known as the Kelly & Glidden pat
ents, the original issue of which has
been claimed by the defendants in the
suits, enlarged and amplified out of all
knowledge by subsequent reissues. 1t
Is precisely here that the controversy
takes place and where the battle has
been fought out If the issues are de-
clared to be within the meaning and in
tention of the original patents, or if they |
are, IN other words, valid, the defendants |
here will have been guilty of infringe
ment. If otherwise, and the courts |
should declare the reissue vitality at va
rance with the original patents and in
valid, the business of manufacturing
barbed wire will be thrown open without
restriction.
About two years ago, by decision of
the United States Court III Chicago. the
Washburn & Moen Company was given
the sole control of all barbed wire fencing
made III the United States under a re-
issue of the Glidden patent, which in
cluded every kind ofsharp pointed metal
or wire fence r the purpose of inhicting
wounds upon animals and preventing {
them passing the line If a fence BY ,
this dec sion the Washburn & Moen
Company, who are assignees of Glidden's
patent, acquired what is known among
lealers in barbed wire fences as the c
. broad claim "a complete monopoly !
II barbed wire fences. Licenses We're +
ssued to other companies, permitting r
hem to manufacture and to vend the \
ences under condition that they would a
lay a royalty on all wire sold and would
lot sell lower than a fixed price Thus fl
he company and their licenses, having :.
monopoly, were enabled to fix prices
{ figures which yielded them princely Il
evenues, the royalties alone amounting n
D between $1,000, 900 and 81, 10000 g
ear. tc
Subsequent to the decisions in Chicago
l the Haish and similar cases the Su-
rene Court of the United States rem III
cred two decisions which appeared to IN
ltirely overturn the basis on which the he
hicagO case rested. These decisions fin
ere on entirely different subjects, but i,
ent to the principle Of the right to en- - -
ldy in a reissue # patent matter not oi
,pressly claimed in the original. an
This set the defendant in the present fu
ses on inquiry, and the result was the tn
both in st. Louis and in mi
wa, of factories for the production of
rbed wire. Suit was instituted, first
.ainst the Iowa defendants, and an in DO
notion asked for to restrain them from de
rther operations. These cases were ma
gued last winter at KeOkuk, Ia, before oos
rcuit Judge McCrary and District g..
dge Love. The decision was reserved. o'i
eight suits were brought 5hi
linst the St. Louis defendants-name- to
three against Fuchs, two against SIN
ties, and one against Griesche. These fro
the cases just decided The subordi-
le question of the validity of the pat I
S on the machines is decided against den
great monopoly. The effect Of this chr
,ision is to release all restrictions on -
manufacture of barbed wire, and save ga
lions Of dollars annually to the farm Col
and ranchmen of the country that viii
heretofore been paid in the shape of him
atty. repl
here were, according to the estimates oo,,
the best qualified judges, nearly ~ ~.
300 tons of barbed wire manufactured MS
he United States in 1882, or a total A
9Th of about 500,000 miles of wire ed
IN this the firms claiming under their tn,l,
ents the exclusive right to manufac-
, barbed wire made within the year III
Qualities from their licenses and from aske
"a profits in their own business be- thou
9n 81, 900, 600 and S., 10000 live