The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-09-02
10 PROTECT PATENT.
sit to Enjoin Use Of Challoner
Single Machine.
,esk.ns CLAIMS INFRINGEMENT.
=. seeks 20 Recover From the sttmsens
--Esessssr for . Portland Company
New suits-Ths Bioster.

COMPLAINT was filed In the United
s.stes circuit court yesterday by Willis J.
p-ykins. of Grand Rapids. Mich, through
re.rt<ld A Cross. his attorneys. against
=. stImson Mill Company. Of Ballard.
accusing the latter OF infringing his patent
i, ! rotary shiugle machine by the use Of
4hs chasioner machine. The suit 10 test
an< A regards the use Of the cballoner
nschsss in this stats and. IL IL - success
mi II vii. affect number Of other shin
ele man ufsctursrs Who are using the same
machine.
Perkins alleged that letters patent for q
single saving machine were issued TO
him on April 2. less. and he files copy Of
hem. accompanied by drawings. With bis
tsnplsint He states that In 1883. George
caslIoner's Sons. Of Oshkosh. Wis, began
tie manufacture and sale OF . rotary
{ shinTis machine containing the inventions
GAINED 10 nine Of his claims. he dis
covered that the Interior Lumber Com
r4ny. Of Chicago, was using some Of Chal-
ioaer's machines. and in April, 1880, he
began snit for infringement in she circuit
court for the Northern district oIIliinois.
George ChaiIoner's Sons assumed the de-
fense. and set MP as an anticipation prior
snvention BY Patrick o'connor and Frank
ChAIloner and others. but on July %. 1892,
Judge Walter @ Gresham rendered an
opinion sustaining Perkins patent. and
declaring the Challoner an infringement
Perkins alleges that, knowing these facts.
she defendant company used one or more
machines containing the inventions TO
which he claims he holds patent.
Perkins, therefore, prays that the de-
fendant be compelled TO account for and
pay over 10 him all profits accruing from
the alleged unlawful use OF the inventions !,
that they be requested TO answer all his
allegations. that they DO permanently en-
joined from directly or indirectly making.
vending or using the invention. and that
his patent be declared valid and the use Of
the invention b. the defendant be declared
IN infringement.
Following the complaint Is the opinion
OF the circuit court Of the Northern dis
triet Of Illinois, affirming the validity of
Perkins patent and declaring the ChaiIo-
ner machine an infringement The decree
snja:ns the manufacture. use or sale by the
anterior Lumber Company of the devices
comprising Perkins invention, namely,
the shingis mill logging devices, the
spalting devices, the carriage mil oil
block receptacle devices, or any substan-
tiai or material parts thereof or imitation
thereof. This injunction was made bind
ING on the agents. employees and attor-
neys Of the defendants, and q master was
appointed to take testimony as 70 the
damages sustained by the plaintiff.
copy OF the letters patent with draw
ings of the machinery are attached, then
comes the affidavit OF Perkins describing
the machines in use in the defendants
mill, which he claims to have seen on
January 10 1892. and another affidavit of
WI. corbin, alleging that he saw what
purportsd 10 be Challoner's machines in
uss In stimson's mill on June 1. 1898, and
aescTib.ng them with blue prints.
John Fairfield. one OF Perkins attor.
neys. said yesterday that the suit was
brought against the stimson Mil Com.
pany alone a. that was the largest corpora.
sion using machines and ID was not de-
ssred TO stop the operations of more mills
han was necessary to test the matter.
The illinois case il now pending on appeal
70 the United States circuit court Of CD.
psais.