SUPREME COURT.

Dominion, Volume 5, Issue 1390, 25 March 1912, Page 3

SUPREME COURT.

WIKKLHSS: TIIK MAHCO.M PATJIXT. In the Supi-ems Court on Saturday. l;e----forc Mr. Justice Sim, reference was'mado to the case of the Marcuni Wirelp-s Telegraph Company, Ltd., v. the. Jluddart--I'arker i'roprietar.v Company, J,td., a claim for damages for alleged infringement of patent. Kuddart-l'arker Company moved for an extension of time in which to file a defence to the action. The grounds were that the statement of deI'once will involve—(]) An examination by experts of the specifications of each of the letters patent set out in the statement of claim and their comparison with the specification!; of the letters patent for all other wireless systems for which patents have been granted in Australia, Great Britain, Gfrnuiny, and elsewhere: (2) tho making of numerous models and' drawings in Australia, and the conducting of experiments; and CI) the obtaining of reports and advice from leading experts in wireless telegraphy. Sir John Findlay, JC.C, with him Mr. C. 15. llorison, appeared in support of tho motion, and Mr. C. ?. Skerrett, K.C, with him Mr. A. li. M«ek, opposed it on behalf of the_ Marconi Company. Sir John Findlay,' in the course of his argument, said it would be impossible to file a final defence until he had received certain information, and for this lie might require- six months' extension.

Mr. Skerrett submitted that the application was a most unreasonable one. Ho contended that it ought to be filed within a month or so.

His Honour considered a reasonable time would be three months, and allowed this extension. If the complete statement of defence was not filed then a further apniii'ntion could be made.

Sir John Findlay. at the request of Mr. Skerrett, undertook to file a coniplfle statemcni'ii which could not be varied without reference fo a judge. Defendant company were ordered to nav £3 3s. costs.