COURT OF APPEAL

Dominion, Volume 7, Issue 2204, 17 July 1914, Page 10

COURT OF APPEAL

QUESTION OF PATENT RIGHTS. MILKING MACHINE RELEASERS. A case which had l been commenced before Mr. Justice Edwards at Wanganui, but had been removed to the Court of Appeal, was hoard yesterday by the Chief Justico (Sir Robert Stout), Mr. Justice Edwards and Mr. Jnstice Stringer., The plaint was based on an allegation that an automatic milk-re-leaser patent had been infringed. The plaintiffs, were the Ridd Milking' Machine Co., Ltd., Now Plymouth," and the defendants were -tlio Simplex Milking Machine Co., Ltd., Wanganui. The plaintiffs 'declared that they owned the patent rights to an invention for automatically receiving and delivering milk from the vacuum pipes of milking machines, a device known as a milk releaser. Plaintiffs asked for— (1) An injunction to restrain the defendants from making or vending infringements of plaintiffs' patent. (2) An account of profits, or an inquiry as to damages. ■ (3) Destruction or delivery up'of machines made in infringement.. (4) Tho costs of the .action. (5) Any, other relief the.v were entitled to. .. • . : >i Tho defendants denied the'allegation of. infringement, and asserted that the inventions were dissimilar. They said, moreover, that tho plaintiffs' invention was not'useful. Mr. M. Myers appeared for the plain-tiffs,-and Sir. 6. C. Button, of Wanganui, for tho defendants. : Tho case is proceeding.