IN THE MATTER OF THE PATENT (NO. 275 OF 1915) OF WESTERN ELECTRIC CO., LD.

218 1.i o. 6.J REPOltTS OF PATENT, DESIGN, AN]) TRADE MARK: OASES. [Vol. XLVIII. In the Matterr of the Patent (No. 275 of 1915) of Weste,rn Electric Go., Ld. IN THE HIGH COURT OF JUSTIOE--'CHANCERY DIVISION. Before MR. JUSTICE LUXMOORE. January 14th, 15th, 16th and 19th, 1H31. IN Tn M4TTER OF '.I;REI PATENT (No. 27\5 OF 1915) OF W·E81'ERN ELECTRIC 00., LD. Patent-Application ';by Originating Summons for an extension; of the 5 term of aPatent--Oppositions-Patent havi1'l,g eepired-e-Esiteneion. of four years granted-Costs-Patents and Designs Acts, 1907 and 1919, Section 18, Sub-section (6). Electrical Research Products, Inc. and Standard Telephones and Cables, Ld, appliedJ by Originating Summons for the extension 0/ the term of a 10 Patent granted in respect of "Improvements in electric wave amplifying " apparatus." The Patent expired prior to the hearing ofthe Summons. The Application was opposed by Radio Manufactures Association, The Columbia Graphophone 00. Ld., Mullard Radio Valve Oo., Ld., Mitcham Works Ld. and Philips Lamps Ld. The Opponents denied that any loss was suffered by 15 reason of the War and alleged that by the earlier deuelopment by reason of the JVar of various 'USes to which the Patent could be applied, the use of the Patent had been accelerated and not retarded by the War. They further contended that the Court must not consider the mere length of time lost, bu,t its relative value compared with a ·similar period of time at the end of the 20 life of the Patent. Held, that the Opponents failed to show ' that the Applicamte had been compensated by reason of the W ar for loss of op·portunity for the period du,ring which they uiere prevented by the War from dealing with the Patent, and that the Patent should be extended for four years. The form of the order followed 25 that made in British Thomson Houston 00., Ld.'s Patent (1929) 46 R.P.C. 867. There was no order as to costs. On the 7th of January, 1915, Western Electric Oo., Ld. were granted Letters Patent (No. 275 of 1915) in respect of "Improvements in Electric Wave "Amplifying Apparatus." 30 On the 30th of June, 1930, Electricai Research Products, Inc. and Standard Telephones and Cables, Ld.a,pplied by Or iginabing Summons for an extension 219 Vol. XLVIII.] REPORTS OF PATENT, DESIGN, AND TRADE MARK CASES. [No.6. In the Matter 0/ the Patent. (No. 275 of 1915) of Western Electric 00., Ld, of the term of the Patent, Notices of Opposition were given by The Radio Manufacturers' Association, Columbia Gra.phophone Co., Ld., Mullard Radio Valve c«, Ld., M itcham: Works, Ld. and Philips Lam-ps, Ld. The grounds stated in the various Pa.rbiculars of Objections were, inter alia, 5 as follows :-(1) The Applicants had not suffered loss or damage, whether by loss of opportunity of dealing in or developing the invention or otherwise by reason of the War. (2) The invention could not be utilized unless satisfactory thermionic valves were available, Such valves had not been available during the War and the development and production of such valves had 10 been accelerated and not retarded by reason of the War. (3) If the use of the invention had been practicable during the War, there had been ample opportunity for such use in H.M. Forces and the Applicants could have obtained remunerat.ion in respect of such user. (4) The use of the invention had only recently become possible and / or of importance by reason of the fact 15 that other inventions had recently been made with which the invention could be used. (5) The Applicants had refused to grant licences to use the i nvention except for purposes for which the invention wae unnecessary and of little utility. (6) The invention had been <communicated to the Patentees hy a company in the United States of America and the War had not interfered 20 with the proper development of the i nvent.ion in that country. Affidavits in support of the Application were made by J. C. R. Palmer (Manager of the European Patent department of the Applicants Electrical. Research Products Inc.) and E. S. Byng (Managing Director of the Applicants Standard Telephones and Cables, Ld.). Affidavits in support of the Opposi25 tion were made by D. G. Strachan (Secretary of the Opponents The Radio Manufacturers Associationv, Dr. W. H Eccles, F.R.S., E. E. Rosen (Managing Director of Ultra Electric, Ld.), C. P. Beardsall (Sales manager of Ferranti, Ld.), T. A. W. Robinson (Managing Director of Pye Radio, Ld.), S. R. 1Ilullard (late Managing Director of the Opponents Mullard Radio 30 Valve Oo., Ld.) and H. TV. K. Jennings (Chartered Patent Agent). Affidavits in reply were made by G. H. Nash, O.B.E. (Director 01 the Applicants Stomdard. Telephones and Cables, Ld.), 001. H. A. P. Disney (Director of the same Oompany), R. W. Wolf (Member of the New York Bar) and E. S. Byng. At the hearing of the summons oral evidence was given 35 by all the above deponents except J. C. R. Palmer, D. G. Strachan and T. A. W. Robinson. It was stated in paragraph 11 of the first affidavit of E. S. Byng that the following equipment in which the invention was embodied had been sold:Year. Value of equi-pment: 40 £ 1915-1921 1922 1923 1924 45 1925 1926 1927 1928 1929 Nil. 20,000 2:20,000 205,000 150,000 130,000 160',000 i37,000 295,000 220 NO.6.J REPORTS OF PATENT, DESIGN, AND TRADE MARK CASES. [VoL XLVIII. In the Ma,tter of the Patenb (No. 275 of 1915) of Western Electric 00., Ld, In addition to the above, the Applicant Company had received up to the 15th of October, 1930, the sum of £3,710 Is. Od. by way of royalties in respect of licences granted under the Patent. The summons came on for hearing on the 14th of January, 1931, before Mr. Justice LUXMOORE. 5 J. Whitehead K.C., W. Tre'vor Watson K.iO. and J. J..lloula (iinstructed by Bristow's, Cooke and Oarpmael) appeared for the Applicants; Sir Duncaai Kerly K.O. .and K. E. Shelley (instructed ib:v Blundell, Balcer and Co.) appeared for the Opponents, Radio Ma1VUfactures Association; Sir Duncan: Kerly Ko'O. and F. E. Bray (instructed by Withers amd. C.o.) appeared for the 10 Opponents, The Columbia Grap'hophone Co., Ld./ R. Moritz K.iC. and L. F. Heald (instructed by Gisborne and Co.) appeared for the Opponents, Mullard Radio Valve c«, is., L. F. Heald (instructed by Coward, Chance arui Co.) appeared for the Opponents, Mitcham Worlcs, Ld.; L. F. Heald (instructed by Bird and Bird) appeared for the Opponents, Philip's Lamps Ld.)· 15 C. Stafford Crossman (instructed by the Solicitor to the Board pi Trade) appeared for the Comptroller-General. Whitehead K.O. for the Applicants :-The Patent for which extension is being asked under Section 18, subsection (6) of the Patents and, Designs Acts, 1907-1919, relates to an important development in amplification of wireless 20 telephone and other circuits and is generally known as the "push-pull" Patent. The evidence clearly indicates a financial loss and that the Applicants were a controlled establishment from the (...truncated)