IN THE MATTER OF THE PATENTS OF HADDAN AND OTHERS

166 . No.5] REPORTS OF PATENT, DESIGN, AND TRADE MARK CASES [Vol. XLI. Masson Seeley & Co. Ld. v. E1nbosotype 1vla.nufacturing 00. Patent and Designs Act of 1919, but, in my opinion, it must fail, as I do not think that the catalogue or any part or it is a desigu capable of registration. As to the third point, it is suggested that the Defendants were not aware that the catalogue was the subject of copyright and therefore are innocent infringers. It may be doubted whether mere ignorance of the law would give. the infringer 5 the benefit, of the Section in question. But/ whether this be. so or not" I do not think that. the Defendants have fulfilled the conditions of the Section, all the contrary, they have 'satisfied me that they have deliberately taken and copied something which they knew belonged to another and that they had ample grlQund for suspecting that a copyright subsisted in the work. There 10 is therefore nothing in this point, The-re will be an injunction to restrain the Defendants and each of them and the servants and agents of each of them from .infringing the copyright of the Plaintiff Company in their catalogue and also from representing or acting by means of the issue of catalogues, samples or otherwise in such 1~ a way as to induce the belief that the goods being supplied by them are in origin and character the same as the goods supplied by the Plaintiffs, There will be an Order for delivery up upon oath of all infringing catalogues an.d for an inquiry as to damages. The C08.ts of the action up to and including this J udgment will be paid by the Defendants, The costs of the inquiry as to 20 damages will be reserved. Courtney ·Terrell..-The inquiry as to damages will be under both heads: TOMLIN J-Yes: under both heads. IN THE HIGH COURT OF JUSTICE~HANCERY DIVISION. Beiore IVIR. JCSTICE ...,L\STBURY. 2a December 13th, 1923. IN THE MATTER OF THE PATENTS OF HADDAN AND OTHERS. Patents.-Appllcation by Originating Surnrnons for an extension of the terms of four Pcttents.-One Patent having expired.---:....Loss due to hostilitiesUnited States Pa,tents.--Cornrnercial effects of exten;ion.r-Four years' eaten- 30 sion. in the case of each Patent.-Patents and Designs Acts, 1907 and 1919, Section 18, Subsection (6) 167 Vo1. XLI.] REPORTS OF PATENT, DESIGN, AND TRADE MARK CASES [No.5. if In the Matter of the Patents of Haddan and Others. The owners of four Patents qromied in respect of inventions. of printing .ma,chinery applied by Originating Summons for an extension of the terms of the Paienis, Oorresponding Patents in respect of the same inoeniions were in force in the United States of America and would normally expire at dates .5 anterior to the expiration of the Briiieh. Patents if the extensions sougrht for were granted. On behalf of the Board of Trade it was not contended that the Appiicani» had not suffered loss qua. paieniees, but it was suggested that it might be a. disadvantage to British manufacturers if the Patents were to remain in force in this country beyond the dates when similar pa,tents would 10 expire in the United States, owing to the home market being inieriered with by reason of purchaeere being unable to obtain the goods from British manufacturers free from monopoly rights. • Held, (1) tho: in view of the evidence that the paienied machineru could be sold in the United States at approximately two-thirds of the cost of 15 production in this country, the: suggested consuieraiion: urae not aqrplicable in the present. case, and (2) that an objection of that kind should be supported by evidence. Queere, whether such an objection can be coneidered under the Act of 19 119'. Four yea,rs' extension of each of the Pa-tents uias qrani.ed. :20 The Duplex Printing Press Co., a, corporation organised under the laws of the State of Michigan, U.S.A., were the registered proprietors of the undermentioned Letters Patent: No. 19,82'4 of 1907, dated the 4t,h of September, 190:7, and granted to Herbert John Haddan upon a communication from the U.S.A. in respect of an, invention of a " Rotary Cylinder Web Printing Press "; '25 'No. 22861 of 1908, dated the 27t,h of October, 1908, and granted in respect of an invention of " Machines for Casting Tubular Stereotype Plates," and No. 8983 of 1909, dated the 15th of April, 1909, and granted in. respect. of an in.vention of." Apparatus for Casting Tubular Stereotype Plates," both granted to Reginald Haddan upon a, communication from the U.S.A.; No. 12940 of 19-11, .30 dated tho 30th of May, 1911, and granted to The Duplex Printing Press 00. and Henru Frederick Bechman in respect of an invention of " Improved Means " for Positioning and Clamping a. Matrix in a, Mould for Slotted Tubular Stereo" type Plate,s.." The "two last-mentioned Patents were Patents of Addition to Patent No. 22,,861 of 1908. :35 On the: 24t,h of July, 19,23, The Duplex Printing Press 00. and Linotype and Machinery I.Jd. applied by Originating Summons for an extension of the terms of the Patents. OR, the 3rd of September, 19Q;3, H. J. Haddan'« Patent expired. Affidavits in support, of the Application were made by Irving Kimbc'rley Stone (President of The Duplex Printing Press Co.), William Henry Lock (Director 40 of Linotype and Machin.ery Ld.), Thomas Robert Gillett Parker and Albert Ernest Pain (both of Linotyp-e and ~lachin,ery Ld.), the evidence being to the effect, that owing to the novelty of the patented inventions and to the factthat machines manufactured in accordance therewith were large: and expensive and had to be designed to suit the particular requirements of various purchasers, o 2 168 No. ~] REPORTS OF PATENT, DESIGN, AND TRADE MARK CASES [Vol. XLI. In the Matter of the Patents of Haddan asul Dther«, the introduction of the patented invention had been necessarily slow ; and that, though now used largely in the United States of America and Canada, they were only slowly coming into use elsewhere: that. Linotype' 'and Machinery Ld .. had been sole lieensees in this country from 1910 to 1922 and since: 1922 they had been selling agents; t,hat Linotype and Ma,chinery Ld. had used their ~ organisation in endeavouring to create a demand for the patented inventions, but that when the preliminary work' should halve. begun to fructify, their activities had been stopped by causes due to theW ar, .and that, the output of The Duplex Printing Press Co. had also been interfered with; that between 1910 and 1915 nine machines had been ordered, the next order being in 1919 10 and since then five orders had been received; that owing to The Du.ple« Printing Press eo. being in a position to employ mass production methods the cost price of patented machines .in, this country was more. than 50 per cent. in excess of the selling price here of machines manufactured in America. Sir Duncan Kerly K.C. and L. W. B.yrne (instructed by G. B. Ellis) appeared l~ for the Applicants; Diqhion Pollock (instructed by the Solicitor to the Boa (...truncated)