IN THE MATTER OF LETTERS PATENT NOS. 15448 OF 1915 AND 148,129 OF THE BRITISH THOMSON-HOUSTON COMPANY LD.

.No.6.] ,REPORTS OF PATENT, DESIGN, AND TRADE MARK CASES. [V ~l.XL,IX. In the Matter of an Application by Alex. Pirie & Sons Ld., to register a Trade Mark. For these reasons I agree that this Appeal should be allowed, with the the learned MASTER OF THE ROLLS. eonsequence~ that have been dndicated by An application' on behalf of the Respondents that the Order should provide that. the App~llants' Mark should in case of an appeal not be put on the Register pending the appeal was refused. :> IN THE HIGH OOURT OF JUSTICE--OHANCERY DIVISION. Before MR. JUSTICE LUXMOORE. December 3rd, 4th, 7th and 8th, 1931. IN THE MATTER OF LETTERS PATENT Nos. 15448 OF 1915 AND 148,129 OF THE BRITISH THOMSON-HoUSTON OOMPANY LD. 10 Patent-Application by Originating Summons for the exteneioti of the term of two Patents-Oppositions-Communication from abroad du/ring the warDecision not to apply for second Patent-Subsequent reconsideration and application under Temporary Rules-iVo loss due to wa.r-Failure to disclose materiaZ docurnente-r-Effect of carelessness in making application-Application allowed 15 on first Patent and re-grant for three years-Ap'pli'cation on second Patens refused-Addition of parties-Reg'istration 0/ licences-aost~~Patents and Designs Acts, 1907 and 1919, Sees. 18 (6) and 91-Treaty of Peace Act, Art. 308.Temporary Rules. 20 On the 2:5th qf April, 1931, the British Thomson-Houston Company Ld. and .Marconi's Wireless Telegraph Co. Ld, applied by Originating Summons under Section 18 of the Patents and Designs Acts for an extension of the term of Letters Patent Nos. 15448 of 1915 and 148,129. Letters Patent 15448 were granted to the British T'homeon-Houston. Company on a communication from the 25 General Electric Co. of S:e:henectady, U.S.A., with a Oonvention Date of the 2nd of November, 1915. The invention related to electron discharge apparatus adapted for use in wireless telegraphy and for other purposes. 219 Vol. XLIX.] REPORTS OF PATENT, DESIGN, AND TRADE MARK CASES. [NO.6. In the Matter of Letters Patent Nos. 15448 0/ 1915 and 148,129 of the British Thamson-Houetoti Company Ld, Letters Patent No. 148,129 were granted to the British T'homson-Houston. Company.Ld. as assignees of Hull, an American citizen in the employ of the General Electric Co. hearing a Convention Date of the 22nd of December, 1915. The communicabion was made to the British Thomson-Houston Company on the 2nd of 5 February, 1916, but application for a patent was not made until the 9th of July, 1920, when an application was made under the Temporary Rules. The invention related to apparatus for, obtaining uni...directional potential differences or currents of constant value. Notices of Opposition as to both Patents were given by the Hazeltine CorIO poration, of New Jersey, U.S.A., and as to Letters Patent No. 148,129 by Aktienoesellechaft Brown Boveri et Cie of Swdtzer'land. The grounds stated in the Parbiculars of Objections were, as to both Patents, .as follows :-(1) The Patentees have not suffered any loss or xlamage. (2) The Patentees or their assignees failed to deal in or develop the inventions until 15 1925. (3) The inventions only became of dmportance after 1925 as and when other inventions with which the patented inventions could be used were developed. (4) Prior to 1925 the Applicants and/or their assigns failed arid ' or refused to grant licences in respect of the said iinventions save for purposes for which the demand was negligible. ·And as to Letters Patent No. 148,129:-(1) the Applic20 ants, contr-ary to their usual practice, failed to apply for a substantive Patent in respect of the invention disclosed in this Specification upon receipt of the same in February, 1916. The provisions of Section 91 of the Patents and Designs Acts, 1907-19'19, and the Patents and Designs Acts (Temporary Rules), 1914, and, or, the provisions of the Treaty of Peace Act, 1919, and the Orders and, or, 25 Rules made in pursuance of such statutes and each of them enabled the Applicants to secure protection of the said invention in July, 1920, and the said invention was not the invention of the Applicants until July, 19,20. (2) The opening for a substantive application of the said invention did not present itself until wireless and in particular sets for the reception of broadcasbing had 30 reached a certain stage of development and such stage was not reached until about the year 19'28. (3) The effect of hostilities was that owing to the war requirements, development of the "radio" art, especially as to thermionic valves, was hastened, and the advent of Broadcasting accelerated, with the result that a field for the application of the sadd invention both to wireless 35 receiving and valve operated amplifiers for electric gramophon,es was .made avai.lable earlier than would otherwise have been the case. (4) The Applicants made no effort to develop the said invention by applying lit to Mercury Arc Power Rectifiers until the year 1929. Affidavits in support of the Application were made by J. Gray (Director and 40 Manager of the Patent Department of the British Thomson-Houston. Company) and W. H. Nottage (Joint Chief of the Patent Department of Marconi's Wireless Telegraph Co. Ld.). Affidavits in support of the Opposi tion were made by A. A. Thornton (Chartered Patent Agent), J.1/. Atkinson Adam. (B.S-c., A.M.l.e.E.) and E. N. Elford (A.M.l.E.E.). Affidavits lin reply were made 45 by J. Gray, W. H. Nottage and H. A. Gill. On the 20th of November, 1931, notice to produce the following documents was served on the British. Thomson-Houetoti Company by the Hazeltine Corporat·ion :-(1) The original communication from abroad of the invenbion the subject matter of Letters Patent No. 1544i8 of 1915 and N0. 148,129, and all papers, 50 hooks and documents relating to any subsequent action taken by the Applicants r 220 REPORTS OF PATENT, DESIGN, AND TRADE :MARK CASES. [Vol. XLIX. In the Matter of Letters Patent N 08. 15448 of' 1915 and 148,12,9 of the British Thomson-Houston Company Ld, thereon or containing any reference to the same.. (2) All communicat.ions passing between the Applicants for extension or either of them with each other or any other person, firm. company or corporation from 1916 to date, with reference to the invention, the subject-matter of Letters Patent No. 148,129 and, or, the grant or assignment or licence thereof. _(3) All papers, books or 5 documents conta.irring entries relating to any other inventions communicated from abroad to the Applicant, the British Thomson-Houston Company by the said General Electric Co. during the years 1915 to 1929, referred to in the affidavit of J. Gray. At the hearing, oral evidence in support of the Application was given by 10 J. Grayan,d W. H. Nottage. The Application came on for hearing before Mr. Justice LUXMOORE on the 3rd' of December, 1931. W. Trevor Watson K.O. and G. W. Tookey (instructed by Coward Chance & Co.) appeared for the Applicants; Sir Ar (...truncated)