THE SKYLIGHT PATENT.

Gisborne Times, Volume VII, Issue 388, 12 April 1902, Page 2

THE SKYLIGHT PATENT.

£233 DAMAGES AND COSTS. (Special to Times.) Wellington, last night. The question of damages in the skylight patent case, Ballinger Bros, and Ballinger and Co., in which an infringement of the patent of J. W. Wade, of Gisborne, is concerned, was settled by the Chief this morning, His Honor said that it had been agreed that the damages should be awarded on so much per square foot of the skylights manufactured by defendants. It was clear that plaintiffs could not claim profits and damages as well. The question was, looking at the profit plaintiff's would have made but for' the interference with the patent, and keeping in view at the same time that the employment of travellers, etc., had made sales which if there had been no infringement plaintiffs probably would not have made, what was a fair sum to award as damages '? Taking ail these things into consideration he allowed 7d per square foot, or £283 2s sd. It had been proved to His Honor’s satisfaction that the original specification claim was framed in good faith, and with reasonable skill and knowledge. He would allow costs according to scale, with £ls 15s a day for each extra day of hearing beyond the first day, including the hearing of evidence as to damages ; together with witnesses' expenses. In reply to a quesfjon Ejls Honor said that if it was intended to appeal there would be four months in which to dp so.