Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1916-09-14
FEDERAL COURT BUSINESSES
TEACHER CASE INVOLVING
BRIDGE PATENTS.
SUIT AGAINST POLK
DEFENDED BY STATE
Claims Of Thatcher For infringement OF
Bridge Patents Held to Be Invalid
Ruling Sets Precedent For Decision
in Similar Luten Patent Ciaims-Of
Great Value to Iowa.

Des Moines. Sept l4--Judge Martin
]. Wade. OF the United States district
court, yesterday dismissed the case OF
Tnacher VS.. Polk county, Iowa, IN
which the patent company sued the
county for infringement OF patents
covering the building Of concrete
bridges The case was decided ia
favor of the county and against the
patentee.
NO case decided in Iowa in recent
wears is OF greater Importance 10 the
raNpaying public than these cases.
said Assistant Attorney General henrN
E Sampson, who has had charge o.
the case for the state following GOV
ernor Clarke's order to the office OF the
attorney general 10 defend the case
During the past year Iowa has
spent almost $e,O00000 for bridges ana
we are just entering upon a campaign
of permanent bridge building WhSi
VIII last several years. II we must pay
a 10 per cent royalty 10 every patehtee
who imagines that these bridges III
fringe then We must pay 10 per cent
more taxes or get on with 10 per cent
less bridges"
Defense Wins Every Point
The decision rendered against the
Thatcher company sustained the ar
gument of the defense in practically
every point. The Judge ruled in sub
stance that what was attempted 20 30
patented was not invention but only
the exercise Of engineering skill which
li "
decision that even Il the idea were
patentable il was first conceived by
Won Empberger an Austrian invent
or instead of by Thacher and hat
Thachers effort TO prove that he vas
the first to conceive = was unSat!s =
factory and insufficient
Claim Wholly Invalid.
Judge Wade decided aISU lat ven
had the Thatcher patent been valid no
recovery could have heen had because
the bridges in Polk county were not 81
the Thatcher design, hence did not IN
fringe. and that even had the patent
been valid and the bridges infrnged'
both Of which were denied, the COM
pany could not have recovered because
the Thatcher company had been guilty
of delay in bringing suit, having
claimed that patent right since Jan.
10. 1899 and having brought no suit
until recently Such delay has invit-
ed use OF the patent. had ii been valid,
according to Judge Wade's decision.
The ruling will aid the city Of Oes
Moines in its fight against the Thacher
company which has brought suit for
infringement Of patent rights in the
construction Of the Des Moines river
bridges The case will set precedent
which attorneys for the defense can
cite for the city.
Affects Luton Cases.
The decision will also serve as a
precedent for the decision of the Lu-
ten patent infringement cases now
pending and 10 he submitted soon. az
cording TO Mr.. Sampson. Had the 1ase
been decided in favor OF the Thacher
company, he said. il would have been
the signal for the fling Of similar suits
by a number of other patent com
panies not only in Polk county but in
practically every county and in many
of the larger cities Of the state.
The determination to fight the case
IN Polk county was made in SPITE u
decisions given to the Thatcher com
pany in its first suit in Indiana where
no fight was made and the company
was given $500: P second case in
Pennsylvania where the COMPANY re-
ceived $3.50 without contest and a
third case in Baltimore where faulty
defense cost that city IS 900 for al
legged infringements OF the company's
patents.
Suit was started IN Polk county IN
July. 1915. and il was at first thought
by officials that il would he useless "a
fight the ease. until after the invest!
CATION OF the Luten cases conducts 4
by the attorney generals Office with
Mr.. Sampson in charge Of the work
revealed Saws n the Thatcher con-