New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-09-02
Ore Process Leads
ToAction Against
Copper Concerns
Minerals Separation Co.
Alleges Loss Of Profits
Through Infringement

Henry D. Williams, attorney for the
Minerals Separation Company, Ltd,
which was recently awarded fayora-
bic decision in its suit against the
Butte and Superior Mining Company in
the United States District Court at
Butte, Mont, stated yesterday that
similar action will be brought against
the Utah Copper Company. the Chino
Copper Company and the Ray Consoli-
dated Copper Company for the recov-
cry Of damages and profits under al
legged infringement Of the same patents.
The Butte and Superior Mining Com
pany, Mr.. Williams said. had piled up
profits Of S20.OOOO0O through the use
Of the Minerals Separation Company's
process for concentrating ores, and
these profits, he asserts, are due the
patentee.
"The law" he said. sis that an in
fringer is a trustee for the patentee
and that all the profits resulting from
infringement must be paid to the pat
cntee."
Miami Copper Loses Suit
Action has already been brought
against the Miami Copper Company in
tho Trpi+cJ C,o.o- n;-.r;.. So,x. d.
Wilmington. Del, and a decision in
favor Of the Minerals Separation Com
pany found. with the result that the
Miami Company will be enjoined from
making further use Of the patent. and
an accounting will be asked 20 deter
mine the profits and damages due the
patentee.
I'm this suit" said Mr.. Williams,
the sworn reports Of the defendant
filed in court, covering a period of a
little less than year, showed that the
total value OF concentrates recovered
by hotation was a little less than 49,
100000. It is estimated that during
the entire period of infringement by
this company me value of the concen-
tratcs was about S5,GO0OOO. and that
their liability to the plaintiffs will be
slightly less than this amount upon the
deduction Of the small costs"
How Process Works
The invention involved in the litigation
against the various mining companies
mentioned is known as the fiotatior
process. l. utilizes minute bubbles Of
air in a muddy pulp Of finely ground ore
and water 10 pick out the valuable
metal particles and separate them iron
the dirt which remains m the pulp. lh'
process has revolutionlzed the art o
concentrating tho ores OF copper. I'm
9rd lead. and is also being used fol
gold and silver ores.
The recent decision Of Judge Bour
min in the United States 'Distric
Court at Butte, Mont" Mr.. William
said decides in favor Of the flotstIol
ratents every new point that has beer
raised since the decision Of me gu
irene Court Of the United states las
December, which held the Fundamental
patent involved TO he valid and IN
fringed by the process carried on BY
the Butte & Superior Mining Companl
m to the time Of that decision.
"The defendant in that suit was
mining engineer who was formerly
employed By the plaintiffs and went
from them 70 the Butte & Superior
Corpsnv and started the infringement
at their mines in July, 1911. Suit was
started against him IN October, 1911
and was decided in favor Of the PLAN
t.4s by Judge Bourquin in July, 1913
Judge Bouruuin's decision was re
ver.ad bv the United States Circuit
Court Of Appeals at San Francisco IN
Nav. 1914. that court holding that the
invention was new. but not patentaole
Supreme Court Reviews Case
The plaintiffs then pettioned the
Sunreme Court of the United states
10 call the case up for review, ana
this peti,ion was granted. AZ the
argument last November the parties
were permitted TO practically install
thoir laboratories IN the Supreme
Court chamber, and at an sxtraord'-
nary session Of the court the various
nrocesses involved were carried on m
the presence Of the nine Justices VINO
attended. without robes, watching with
treat interest the miniature operations
carried on before them.
"Orfinarilv the decision Of the SUI
nreme Court Of the United states as
In the validity Of patent terminates
all litigation. but the Butte & Superior
Company and ITS associated companies
Of the JackllNg group OF mines, the
Utah COPPER Company, the Chlno COP.
per COMPANY and the Ray Consolidated
Conner Company. as proved al the re-
cert tria, before Judge Bourquln, IN
n-ediately changed their operations so
ss IN use larger amount NJ OIL ths1
had formerly been used. and the only
irrror,ant new question decided by me
last decision was that these changed
operations did not avoid infringement
Of The patent.
Other Companies Declared Liable
complete tabulated statements q
Aotation operations Of the Chino Cop
nar Company. treating 100000 tons
Of ore; of Ray Consolidated treating
400 600 tons Of ore, and the Utah
Conner Company treating 100000
IONS of ore were proved BY the de-
PENDANT. The monetary values OF tnese
orerations were undoubtedly highly
profitable, and these companies are
clearly liable to the patentees tor the
full amount Of their large profits.
Although the Jackling group or
mines has fought the patent from the