Supreme Court JUDGMENTS GIVEN IN PATENT DISPUTES

Press, Volume C, Issue 29497, 26 April 1961, Page 20

Supreme Court JUDGMENTS GIVEN IN PATENT DISPUTES

Reserved decisions have been given by Mr Justice Richmond on a claim by the Vigilant Automatic Fire Alarm Company, Ltd., and a counter-action by Automatic Alarms, Ltd. On October 18 and November 1. 1960. his Honour heard an action in which the Vigilant Automatic Fire Alarm Company. Ltd.. claimed that Automatic Alarms. Ltd., had infringed the letters patent held by the Vigilant Alarm company by selling to Government departments and various persons fire detectors substantially the same as the invention .protected by letters patent granted to the Vigilant Alarm company. In his reserved judgment, his Honour held that the detector of the Automatic Alarms company answered in all respects to the description of Vigilant Alarm company's patented invention. His Honour therefore held that the Vigilant Alarm company’s letter patent had been infringed, and gave judg. ment for that company. In an independent action, heard on November 16, 1960, Automatic Alarms, Ltd., applied to the Court for an order that the Vigilant Automatic Fire Alarm Company. Ltd’s, letters patent on the form of fire detector in dispute between the two companies should be revoked. In his judgment, his Honour held that the Automatic Alarms company had been manufacturing Are detectors. no different in any material respect to the form of fire detector for which the Vigilant Alarm company had been granted letters patent, before the patent had been

applied for by the Vigilant Alarm company. He therefore held that the Automatic Alarms company had made out a case for the revocation of the letters patent granted to the Vigilant Alarm company. His Honour adjourned both actions before entering judgment in each action. He pointed out that counsel engaged in both actions had not dealt with, in argument before him, the interrelationship of the Vigilant Alarm company’s action tor infringement of letters patent and Automatic Alarms com--1 ny’s application for revocation of the letters patent Counsel in both eases should make further submissions regarding the torn each of the two judgment should take, his Honour stid and these submissions sho k be made on the same occasi 1 at a fixture to be arrange' through the Registrar b; counsel Involved. At the hearings of th< actions. Mr R. E. Harding, ol Wellington, with him Mr I W. White, appeared for the Vigilant Automatic Fire Alarm Company. Ltd. Mr J. G. Leggat, with him Mr A. Hearn, appeared for Automatic Alarms, Ltd. Help for Heme Beyers.— The Victortan Master Builders' Association has established an independent service to police the work iu members do for home buyers. T.ie building will be checked from start to finish and will then be “certified.” Any faults in construction showing up for two years after the house is completed must be made good without charge by the burlder.Reutera.