Evening star., 1898-07-16
THE FISKE RANGE FINDER
Suit Over Device in Use on Guns of United
States Navy.
Application for Perpetual Injunction
and Assessment of Alleged DAM
ages-Text of the Bill.

Charles B. Van Nostrand of New York,
individually and as assignee Of the Amer
lean Range Finder Company. corporation
existing under the laws Of West Virginia,
has entered suit in the District Supreme
Court against George N. Saegmuler of
this city, alleging an infringement on the
patented Fiske range finder in use on tho
ships of the United States navy, and ask
ing for perpetual injunction and assess
ment of damages due the plaintiff by such
ir Infringement.
The bill of complaint sets forth that
Bradley Allan Fiske of the United States
navy was the original and first inventor OF
certain new and useful improvement In
telescope sights for ships guns. The In
ventor secured from the United States c"m-
missioner of patents letters patent No.
5O4337, September 5. 1S93 and letters pat
ent No. 55604S, March 10, 1896, in due form
Of law. Both patents were for term OF
seventeen years from date, and gave to
of making, using and vending his improve
ment throughout the United States.
November 10, 1890, Fiske transferred TO
the American Range Finder Co. letters
patent and applications for letters patent
relating to range and position finders, also
the entire right and title to the two pat
ents above mentioned, that were after
ward issued. March %. 1898, the American
rights to Mr.. Van Nostrand. In May OF
this year Mr. Fiske transferred all bis
right, title and interest in the patents TO
Mr. Van Nostrand.- By virtue of these, 1t
is alleged. the plaintiff came into full pos
session of the patents and OF the rights
and privileges granted and secured there
by. and is entitled to the action at law.
Plaintiffs Declaration.
The plaintiff declares that since the date
of the patents and their assignments to
him the defendant, Saegmuller, well know
ing the facts set forth in the bill, ana
against the plaintiffs will and In violation
of his rights, is infringing on the patents
within the District Of Columbia and else
where in the United States by making and
using the patented improvements, al tena-
ing to the manifest injury of the plaintiff
1t is claimed, further, that SaegmCller
has manufactured and sold material parts
of the said telescope sights for guns, IN
tended and adapted to be USED IN the con-
struction of the sights, and the defendant
sold the parts with the knowledge that
they were to be used for this purpose,
without the plaintiffs consent and after
having been notified to refrain ana warned
against such sale.
From these acts the plaintiff claims to
have suffered irreparable loss and damage.
1t is prayed that the defendant make
discovery of all the matters complained OF
and to answer the bill. Answer under oaen,
however Is waived. That the defendant
be ordered to account for and pay over
the income or profits thus uniawfuiiy de-
rived and be restrained from any further
violation of plaintiffs rights. that the de-
fendant be perpetually enjoined from any
further manufacture, use or sale in any
manner of the patented improvements or
any part thereof in violation of plaintin S
rights, and that the material now in pos
session or use of the defendant may be de-
stroyed or delivered up to the plaintiff for
that purpose.
Ask for Damages.
Lastly, 1t is asked that the court upon
rendering the decree prayed, may assess in
addition to the profits to be accounted for
the. damages the plaintiff has sustained by
reason of the alleged infringement. A pro-
visional and preliminary injunction is ask
ed pending the hearing of the suit. Owing
to the absence of the justices, however,
no action taken today. Pennie and
Goldsborough are solicitors for the plaintiff.