New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-03-12
THE MERGENTHALER WINS.
ENJOINING THE NETWORK TYPOGRAPH
COMPANY.
JUDGE LACoMDE HOLDS THAT ITS MACHINE
ISTMNGES THE NATIONAL TYPO

GRAPHIC CoMPANY's PATENTS.

blAfIilC AOMIANl > In i.NA -
Judge L. Henry Lacombe in the United states Circuit
Court, yesterday granted preliminary injunction
against defendants in the suit Of the National Typo
graphic Company and the Mcrceuthalar Printing Com
pany against the Ncw-YOrh rs pograph Company, the
Press Publishing Company, Ford starring, Of New
York; j. :. sweeney, Of Detroit; C. {. Euthfaun'
George HOyt, +. b. Wagner John Il. Rogers OF CleVe-
land F. L. Bright. Frank l.. Hail. Mr.. Van Wofmer
and q. W. Turner. Of Ncw-lork. The plaintiffs arc
owners Of the patent covering the linotype machine in
vented By Ottmar Mergenthaler, and the defendants
have put on the market. using typc,cttng
machine, known the Il gers, which the plalntlHs
alleged was an infringement Of their patents y suit
wa brought aud Il motion for preliminary injunction
made This motion granted by Judge Lacombe.
The MerCentaler machines used in setting the type
with which The Tribune j. printed. The will now
be tried as whole. 1t is possible that the defendants
will appeal to the newly created Circuit Court Of Ap
pcals from Judge Lacombc's decision.
Belts, Atcrbury, Hyde ~ Belts are the complain
ants solicitors, and p. I. Dodge and Frederick IL.
Belts are of counsel. Kerr a Cur, appear for the
New-York TypOGraph Company, ard Lowrcy, stone
& Aucrbach for Tic Press Publishing Company Judge
Lacombc's decision j, in part as follows
That the machines manufactured and sold by the
defendant, may be lighter smaller, cheaper, more
easily operated and mOc clicicnt' that they may b;
a decided improvement on the Mcrechthaer machine
and may, a. such. commend themselves more leauiE
to the public; that they are themselves patented ana
that, if put in open competition with the earlier ma
chimes, they would more attractive TO purchasers
and u,ers-cach Of which point, IS pressed win era,
force by the deendant>-s wholly immaterial II the
complainantS' main contention IS sound one, VIZ
that the Mcrgcnthalcr linotype is covered by a
foundation patent that 1T cmpodcs a combination
wholly new in the printing art, which marks thc
hrst great step IN advance taken for over 400 years
and which, though susceptible, all new foundation
patent, are. Of subsequent Improvement has yei
demonstrated its ability, practically ana eihclchty
to perform the work which 1t designed 10 do.
II. upon the case now presented, ii appear ina,
Mergcnthalcr is pioneer inventor, ne Is to be- secured
the fruits Of what he invented and covered by his
patent, even a. against subsequent INVENTOR VINO
the original invention which lies at the foundation Of
the art >cc cases cited In notes TO Section 79l hob
The product II the combination Of machinery de.
ScrIbed III the pa;cnt and thus claimed, - Inc OF
type in did bar presenting IL printing edge
any combination Of lctei| and Printers marks which
the operator may desire pr duccd Automatically. ly
pcn>cd with. and the matter l. set mp from >lues.'
or bars each containing. not d single lcttc"
single word. but any conccNabi" combination Of words
and figures. That suC. change u the art !, almost
revolutionary seem, 10 be practically conceded tho
defendants insisting. however. that the merit of ;lc
invention, which effected 1t. must be Shared - largely
al most claim but an extremely small part OF II i'r
MergcnthaIcr was tn, fr>t man who united in a single
machine the iu,lwmcnalitic, which. by means Of the
or holders independent disconnected matrlcc,. each
bearing single charactcr, carried each individual
Character Independently one hl T. common com
posing point when. they were placed I'm line and
thcrcupon brought contact with and closed the face
~ a mould II the exact length ~ Il Predetermined
line, into which mould by the subsequent operation
q the machine. molten metal vi, injected and
a east taken. which cast consists OF line bar ~
type metal. having u, printing edge any desired
combination Of Character, aud which ], ready a. IL
leaves the machine for imposition on the form. som
>uch combination Wa~ r. IGlNd T. solve a problem
with which inventor, in the field Of the printers art
had struggled for yea. and there l. not found ~
any OF the earlier patents and methods which nave
been put IN evidence iV the defendants anything
which fairly anticipates IL.
The patent which cover, II may therefore be fairly
considered foundation patent and il, claim should
he broadly construed. When thus Construed infringe
ment plain. Though there differences In
the form structure If IN" u"rmcdiat. mechanism.
tending 70 simplicity and pcrlap, improvement. and IN
the form 81 the casting mcrhaNI~H ,l each of these
mcChani>uiS II j. embodied In the defendants
machine performs the same function The cor.
responding mechanism N TIE Ncrgcualr machine. IN
substantially the way, and they combined ~
produce the same result The combination .hich j.
covered by the claim j. the .Imc I'm both.
There j, sufficient here 70 farfy thu presumption ~
tho patent. specially there little real puc>
ton about either its validity IN" infringement %
The motion Vucatc ~" scrylc" of procc-T upon do
PENDANT, Ford Starring and Frank L. Han T. granted.
An injunction restraining his individual action only
may issue against 10" defendant Van W0rm"r II.
junction against IN" Of tine Rogers machine may
also issue against the defendant the Pc, Pbls.iD-
COWpauV.