Evening journal., 1910-09-13

INFRINGEMENT
SwarthmOre Man Sues City
for Use Of Device on
New Filter Plant
WATER BOARD PRESIDENT
NOT WORRIED OVER SUIT

Suit was entered today in the
United states Court here by John w.
Ledoux. of Swarthmore. Pa. against
the Mayor and Council OF Whining
ton for alleged infringement of a
patent improvement In water flltra-
ton, owned by the plaintiff. and used
In Wilmington's new filter plant.
Subpoenas weer issued shortly be-
fore noon today and handed TO the
United States Marshall who served
them on Mayor Spruance and Presi-
dent Of Council Banning. They are
returnable on the first Monday in Oo-
tober.
In the bill of particulars Mr.. Led
ouX, who is the head Of the Ameri-
can Pipe Line Company. which con-
cern constructed the water system for
the Pennsylvania Railroad Company
here sometime ago, alleges that on
November 10, 1898, he was the first
and sole inventor of an Improvement
in filters, fully described I'm an appli-
cation for letters patent, and after
due proceeding in the patent Office
he received letters patent No. 637 ,394,
dated November 21, 1899. covering his
improvement. He claims that he has
the entire right, title and interest TO
the invention covered by this patent
and that the defendants were fully
advised OF the complainant's patent,
rights and privileges, and although
requested TO desist from its unlaw-
full use, refuses so to do, by reason
whereof the complainant is greatly
injured and deprived from receiving
gains and profits to which he is law
fully entitled and which he would have
derived and would now derive but
for the wrongful acts Of the de-
| fendats.
The bill further alleges that the
defendant viii knowing the premises
contrived and concerted with others
unknown to the complainant, to VIC.
late and infringe said patent without
the license or consent OF the com.
plianant, but in direct opposition tc
the same; and i'm absolute defiance
of the complainant's rights and privi.
leges since the date of said letter.
patent, wrongfully, wilfully and un,
lawfully constructed or caused tC
be constructed, used or caused 10 b,
used and threatens to continue to use
filters embodying the invention of tn,
complainant
The bill prays for subpoenas re
quiring the defendants to appear II
answer to the bill and that they b.
decreed to account to the complain
ant for such plans gains and profit
and that an injunction be issued de
straining the defendants from usin
the filter embodying the invention {
the complainant.
Charles NJ. Butler. an attorney
Philadelphia, represents the con
plainant.
Water Board Expected Action.
President B. f. Shaw. of the Wat
. Commission, said in an interview [
day that the Water Department HI
been expecting such action He sa
there were two who claimed the /
= vention in question, one of them b
ing Mr.. Ledoux and the other,
! Indianapolis. Ind, man. He attach,
little importance TO the suit, and e.
pressed no fear that the filter plal
Just completed at Ncost of nearly
million dollars will be shut down &
a result of the proceedings institute
to-day.
Mr.. Shaw said the infringement /
question was a trihe and effected
shoe, made OF terra Gotta, and place
in the bottom of the filter beds {
keep the crushed stone. which con
prises the bottom Of the beds, frol
passing into the pipe that carries o
the water from the beds. He sal
the city was amply protected by III
bond of the contractors who cor
structed the plant and added, that
the most, he did not believe there wa
more than 5000 worth OF this work
. the bpdE