IN THE MATTER OF PARKINSON AND WOODALL’S PATENTS

169 Vol. XLI.] REPO~TS OF' PATENT, DESIGN, AND TRADE MARK CASES [No.5 In the Matter of the Patents of Haddan. and Others. current in this country beyond the respective dates when similar 'pat,ent,s ~ll expire in America" there being some suggestion that the market here might, during the period of monopoly under the extensions, be interfered with by 5 reason of British consumers being unable to obtain from British manufacturers this class of machinery free from monopoly rights, I am told on the evidence that, owing to the enormous extent that this is used in America, this class of machinery can be turned out in America and sold at a price representing about two-thirds of the cost of production in this country. If that is so, it, does not seem to me that whether the Patents are extended or not, the British cor .10 sumer will be put, in any better or any worse position, If it were desired to make a serious objection with regard to this matter, the evidence and particulars ought, to have been given to the Court, in order that the matter could be tested, As it is, it reially rests on little more than a suggestion, and under the present Statute under which these extensions will 15 be granted I doubt very much whether anything of this kind can be considered at all. There! is evidence: that, the Applicants have lost the war years, and the amount. of time for which the fresh grants will be made or the extensions given is not, opposed or not, disputed, that is, four years from the date of the expiry, independent of this other point which, under the circumstances, I am unable 20 to take into consideration. Sir Duncan. Kerly K.C.~Then the extensions will be granted, and the new grant made on the usual terms as to the Patent t,ha,t, has expired. ASTBURY J.-Yels. IN THE HIGH COURT OF JUSTICE.-C'HANCERY DIVISION 25 Before MR. JUSTICE ASTBURY. December 13th, 1923. IN THE MATTER OF PARKINSON AND WOODALL'S PAT'ENTS . . Patents.-.A.PIJlication by Originating Summons for extension of the terms of the Pa,tents.-L·oss due to hostilities.-Four years' extension. gra,nted.-Patents 30 and Designs Acts, 1907 and 1919, Section 18, Subsection (6). Bemard RobeA Parkinson and H enry Woodall were the Grantees of the undermentioned Letters Patent: -No. 23414 of 1907, dated the 23rd of October, 1907, and granted in respect~ of ~,n invention of "Impr.ove;?ent,s " relating to Be-curing the Ends of Service PIpes, to Gas or other Mains and 35 No. 10028 of 1008, dated the 18t,h of September, 1908., and granted in resp~iCt of an invention of " Improvements relating to Securing the End~. of Service "Pipe.s to J\fain,s." The Patent of 1908 was a, Patent of Addition to the Patient. of 1907 170 No.5] REPORTS OF PATENT, DESIGN, AND TRADE MARK CASES [Vol. XLI, In the Matter of Parkinson. and Woodall's Patents. On the 3rd of October, 1923, Bernard Robert Parkinson and J. Stone & Co., Ld., applied by Originating Summons for an extension; of t,he terms. of the Patents, . Affidavits in, support. of the Application were made by Bernard Robert Parkinson and David MiUa.r Paton (of J. Stone &00., Ld.), who deposed (inter alia) thaf the Applicants J. Stone & 00., Ld., had since 1908 been sole licensees under the Patents , that in 1914 the Grantee' H. vVoodall had assigned all his interest, in the Patients to the Applicant B. R. Parkinson; that the patented inventions had only come into general use gradually, their use being dependent on the U8e: of steel mains which had been more widely adopted to since the value of the patented inventions in connection therewithl had been appreciated : that the average royalties had been aB follows :--(lHll-1914) £671; (1915-19i20) £122; (1921-1923) £2,79; that royalty payments had been adversely affected by restrictions in the use of gas and difficulty in obtaining labour a:nd material ; that after the war a number of gas companies had heen 15financially unable to lay new mains, and that J. Stone & Co., Ld., had been a controlled establishment. . L. ltv..Byrne (instructed by G. B. EHis) appeared for the Applicants ; TJighton Pollock (instructed by the Solicitor to the Board of Trade) appeared for the Com.pirotler-General: 20 Byrne, for the Applicants.i--Jl'he only question is as to the length of the extension to be granted. The development was very rapid just before the war, and the ease should not bel treated on the, basis of averages. ] ask for five years. ASTBURY J.-What do you suggest, here, Mr. Dighton Pollock? . 25 Pol,Iock.-Taking the figures here, taking the period between 1911 and IH14, . on their own showing that is an average of nearly £671. Then if you take 1915 to 191~-they have taken them for 19\15 to 19r20, and I submit, they cannot do that-cbut if you take the period of the war from 1H15 to 19,18, I make the figures £562 roy al.ties with an average of £140, so that, if you compare 30 the £140 with £671, it, is accordingly a little over three years, ASTBURY J.-~Tha,t is. not. allowing anything for the ve-ry large increase that they had in 1914; you see they were obviously getting going by that time. Pollock.-I quite, agree. I do not. really quite follow the affidavit. I supposel the same difficulty occurred to every trader after the war, the difficulties of 35. ge.tting material and so on. ASTBURY J.--What strikes me is that they did not, make any increase between 192'1 and 1922; they were free from the wall" then. . Byrne.-I think that is. explained by the check in th-e building tirade and the check to municipal enterprise by Corporations. 40 Pollock.--Tha,t, is what I am saying ; it, is due to causes not really connected with the war. It, is really an economic ste.te of things which is. not connected with the war. I should submit that three and a half years should be the extended lifer of the Patent. ASTBURY J.~I will make if four yeaes. 4:) a  (...truncated)