Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1918-01-04
'[UTEN bR|DGE
PATENTS INVALID.
JUDGE WADE, IN FEDERAL COURT,
RULES IN CASE lMPoR.
TANr TO IOWA
THOUSANDS IN ROYALTIES
SAVED TO TAXPAYERS

Engineer in Conducting Litigation
!. Wade Says Methods Of Construction
Have Been Long in Use and Are Not
Patsutabls-Lsnsthy Litigation.
Dcs Moince, Jan. 4.-lMillions Of dol
lars have been saved to the taxpayers
of Iowa by the decision Of United
States District Judge Martin j. Wade,
who yesterday dismissed the complaint
OF Daniel b. Luten against ]. b. Marsh,
ct al, by which the plaintiff sought to
establish right to 10 per cent royalties
OH the contract price Of practically all
the concrete bridge and culvert con-
struction which has taken plae In Iowa
during the past twelve or thirteen
years.
1t is seldom that court renders a
decision, particularly in a patent case,
right of the bat" so to speak, but
Judge Wade deemed it unnecessary to
take further time for consideration and
after both sides had rested In a
scratching oral decision the court
brought this attempt to collect mil
lions from the taxpayers OF Iowa to an
abrupt close.
Must Come With "clean Hands"
Quoting the maxim that 'he who
comes into equity must have clean
hands, the court intimated that the
plaintiffs methods had been such that
it was a question whether he should
not be denied relief because his meth
DDS had been such as mo court can
approve"
The court. however, based it's de-
cision upon the ground that the patents
in question were not valid and thar
they were based upon methods OF con-
struction which were in common use
by contractors and builders in many
applied for his patents.
Ten miniature replicas of bridges in
various states of the union were re-
ceived as exhibits for the defendants
for the purpose OF proving their con-
tention that the plaintiffs inventions
were nothing more nor less than ord!-
nary methods OF construction long IN
common use by builders Of concrete
bridges and cplverts.
Highway Board Started Fight.
The plaintiff asked for 100000 to
cover the value of royalties alleged TO
be already earned and unpaid and FOR
an adjudication which would establish
q legal right on his part to collect
several million dollars more during the
life OF his patents. He has already
collected large sums as royalties in
various parts Of the country and sub
stantial sums have been paid to him
in Polk county and other parts of Iowa.
The state highway commission Is en-
titled to the credit for beginning the
fight. against Luten's demands On the
basis Of an opinion. which held in Ell
feet that Luten's patents were invalid,
the highway commission refused to
consider the plaintiffs demands when
planning bridge construction work for
the state This opinion was prepared
by Wallace r. Lane. a we'll known pat
ent attorney, formerly Of Des Moines,
now Of Chicago.
Havnsr Represents State.
Altho the state Of Iowa was not a
party of record to the suit as originally
brought, the governor. under special
statute passed in 1918, which empoW.
cred the state, at the discretion OF the
governor, to come in and defend in any
suit in which the public interest was
directed Attorney General
Havner to look out for the states in
terest. Former Assistant Attorney
General Sampson OF Sampson Dillon.
attorneys, Des Moines, also took an
active part in preparing the case for
the defendants, and Wallace r. Lane.
on whose written opinion the state re.
fused to pay royalties to the plaintiff
was engaged as special counsel.
Alleges Many Infrinaenents.
The plaintiff predicated his claim
for an accounting and the payment
OF future royalties on $50. specific
cases OF alleged infringement OF his
patents in the state Of Iowa. Dur
ing the progress OF the case the Is
sues became narrowed down to twelve
specific violations Of the plaintiffs pa
tent rights, principally due to the TACT
that the plaintiff withdrew four OF MS
patents from the case.
Altho the state Of Iowa was the first
state to show fight, Luten had already
been thrown out Of court in several
states before the Iowa case was
brought TO final determination BY
Judge Martin Wades dismissal OF the
complaint on it's merits today.
Avoids Finish Fight.
OF course an appeal on the part OF
the plaintiff is possible, but. as Judge
Wade observed in his impromptu de-
cision, Luten has not been in the habit
OF perfccting his appeals. altho he has
entered notice Of appeal in number OF
cases Tho attorneys for the defend
ants claim that Luten DOES not care to
obtain the final decision Of an appellate
court. AZ
= .!;:aasc Msde sseverely criticised Luten
for bringing into the case as prccc-
dents, decisions which had been entered
by consent OF the parties in other jur-
isdictions in which he had brought
suit.
In view Of the fact that Luten seems
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