Evening journal., 1915-03-29
INFRINGEMENT Of
ORE Patents ALLEGED.
English Co. Sues Delaware
Corporation for Million
Dollars
TO SHOW DEVICES
IN COURT ROOM

The attention of the copper and
mineral world was directed to this city
today when the United States District
Court opened in the Federal Build
ing. The case at issue is the suit In
equity brought by the Mineros
Separator. Limited Of London, VS.. the
Miami Copper Company. Delaware
corporation. with large copper mines
az Miami. Ariz While no amount OF
damages Is mentioned in the suit. it
is understood that IL totals millions OF
dollars. The case Is based on the
alleged infringement of three patents.
dealing with the concentration of ore
products.
Under recent ruling of the United
states Supreme Court, the judges of
all district courts are to preside at
hearings in equity cases instead of
having them referred to commission
ers. as has been the practice in the
past TOday's case is the first one
TO come before the court under this
ruling. Judge Edward G.. Bradford is
sitting.
To assist the court in gaining
knowledge Of the points at issue, both
the plaintiff and the defendants have
/ gathered numerous pieces of ma
chinery, all of which are used in tho
concentrating of mineral ores, and
! these will be shown ana operated in
/ the court room during the hearing
! Just how long tho case viii last Is
unknown, but counsel interested to-
day admitted that the case would con
| tinue at least month. AS result
OF the case being prolonged, many OF
the attorneys and witnesses involved.
several Of the latter being from Eng
lond. have taken mp their residence
at the Hotel DUPONT with their faml-
lies.
The Mneros. Limited. is represent
cd by Thomas f. Bayard. of this city,
and Henry d. Williams and William
H. Kenyon Of New York. The Della
ware Corporation is represented by
John +. Neary. of this city. Louis
Marshall of New York. Thomas r.
Sheridan. Walter A. Scott and George
L. wilkinson. all of Chicago.
When the case opened this morning
Mr.. Bayard informed Judge Bradford
! that Messrs Williams and Kenyon
had fled papers in the United States
Supreme Court to practice in the Fed.
I eral Courts and Mr.. Neary made a lik,
Il statement TO the court concerning
i Messrs. Sheridan and Scott. Thes,
= four attorneys were then admitted {,
81 practice here.
q The British corporation opened its aid
s Of the ease with Mr. Williams film
bound proceedings of similar case file
a in London, which he claimed would !
p the foundation of this suit This info
T. nation stated that the suit was ON a
c alleged infringement of three patent
c the first patented by Henry Livmgstg
e Sulman. Hugh Fitzalis kirkpatrick III
! ard and John Ballot. all OF London.
:. This device, il was claimed by NJ
g williams, was discovered by Arthur
' Tiggins. an employe of the three invel
tors. and consisted of adding sma
per cent. of oil TO the copper ore as
Travelled in water. causing froth
come to the top and in which rested u
more precious of the metals.
! The second device alleged to hav
been infringed on by the American
company was patented by Messrs
Greenway and Higgins and the thr
) device was patented by Henry II
Greenway. These patents consiste
of the adding OF heat and also oil T.
the mass Of ore to be concentrated
Mr.. Williams stated 10 the court tina
Mr.. Higgins who discovered the proc
ess now in use. would be i'm court an
would demonstrate his discovery. Tn
attorney for the British Company ais
explained in detail how the addition
OF oil TO ores had first been found b
a Miss Carrie ]. Evans. a school teach
er of Chicago. in 1856.
. Mr.. Williams explained the work
ings of the Froment patent, which h
claimed his company had purchase
working device of at a cost OF 81, 90
and which has since been proven {
be worthless. Il was also stated {
the court that a like suit had bee
brought by the British company i
Montana. and the lower court ha
given a verdict for the plaintiff tn
Circuit Court of Appeals. however
reversed this opinion and the case
now pending before the SupTem
Court Of California. Mr.. William
read the courts opinion in that cas-
and also the opinion of the House G
Lords in London. in the London cast
At this point court adjourned unit
aselarlr fhfa afforpoop a