APPEAL COURT

Dominion, Volume 11, Issue 241, 29 June 1918, Page 2

APPEAL COURT

0 ALLEGED INFRINGEMENT OF A PATENT. _ Tlio Appeal Court was engaged yesterday in (he fufther hearing of the Christchurch case, having reference to the alleged infringement of a patent covering a high-pressure boiler connected with ordinary cooking ranges. : On the bench were His Honour the Chief Justice' (Sti Robert Stout), His Honour Mr. Justice. Chapman, and His Honour Mr. Jilslice Herdman. The parties to the dispute were Messrs. Scott Bros, and George Scott and Messrs. H. Hepburn and Son, respondents. - Mr. C,,?..Skerrett, K.C., with him Mr. A. F. AVi'igiit, of Christclmreh, appeared for ..the appellants, and Mr S. G. Bay-, nioiid, -IC.C.,- with lain'' Mr.'"H. F.' :; von Ilanst, for the respondents. It was alleged that the defendants had (it,various" times manufactured and sold high-pressure' boilers constructed in nr.-. eordance with the invention disclosed in the specification of the plaintiff's letterspatent. It was also claimed that the defendants lmd threatened' to infringe the letters-patent, and claimed the right to make the boilers as they had been doing. The plaintiffs, itherefoie, 1 brought action seeking an injunction, claiming -£200 damages, or an inquiry as to tho damago sustained by the plaintiffs by reason of the infringement, mid that the defendants bo ordered to deliver to the plaintiffs, to bo destroyed, nil the high-pressure boilers made by them in infringement of the letters-patent. For the dofonce it was denied that (he plaintiffs were-the legal owners of the letters-patent, or that there had been any infringement of them. It was also contended that the. letters-patent were invalid for several reasons. When the case was heard in the Lower Court His Honour Mr. Justine Sim held that the plaintiffs' letters-patent were invalid. and that the defendants were entitled to judgment, and ontored judgment accordingly. Against this decision tho appeal was made. - •• • • • • • Mr G S.' Raymond, K.C., argued fit great leivgtli on behalf of. respondents, find- the ease had not concluded when tho Court rose; ■