MILKING MACHINES.

Pukekohe & Waiuku Times, Volume 3, Issue 207, 26 June 1914, Page 4

MILKING MACHINES.

Suit Over Patent Rights. Claim Fop Damages For Infringement. The hearing of the case of A. Gillies of Melbourne, v. the Gane Milking ■ machine Company, of Auckland, was commenced at the Supreme Couit Auckland, mi Wednesday last, before Mr Justice Stringer. The plaintiffs claim was in respect of an alleged infringement by the defendant company of (ullies's air-admission patent in connection with milking-machines. • Sir John Findlay, K.C., and Mr D. M. Findlay, of Wellington, appeared for the plaintiff, by whom Mr A. J. Park, barrister and pittent a< r ent of Wellington, U also retained. " MrC. P. Skeirett, K.C , of Wellington, and Mr NV. M. Moore, of Auck'aud, appeared for the defendant company. Mr J. T. Hunter, patent agent, of Wellington, was also attending the hearing on behalf of the company. The plaintiff claimed the sum of £SOO as damages in respoct of the alleged infringement of his patent, or an inquiry as to damages, or an inquiry into the amount of the profits made by tho defendant company through the sale of the articles in regard to which tho infringement was alleged to have occurred. A perpetual injunction, restraining tho defendant company and its servants from making or selling machines infringing plaintiff's air-admission patent was also sought. The defendant company denied the alleged infringement, and further claimed that the plaintiff'B letters patent were invalid, it being asserted that tho principlo involved was well-known, and in use when' the pateut was granted. It was also submitted by defendants that the plaintiff refused to supply his patent to the public on reasonable terms, as he declined to sell it except in connection with certain machines. It was alleged that the principle of the plaintiff's patent was embodied in the Shields machine, which was patented in England in 1597. Sir John Findlay opened the case for the plaintiff at great length, his address lasting for several hours. Ho said that the principle of the patent which defendants were alleged to havo infringed was tho admission through a pin-hole of a small quantity of air behind the milk in the milk passage of the machine, for the purpose of facilitating the ilow of milk, and preventing pain and inconvenience to the cow. In referring to the " Shiells " machine ho contended that there was a marked difference between that machine and that patented by plaintiff. Tho Judge asked whether it was claimed that the defendants could not use a machine even if air was admitted incidentally without intention in effecting certain improvements.

Sir John Findlay said he could hardly reply to a general proposition of tkis kind. Mr Skenett: Is it claimed that we are debarred from using evensort of air-admission ? Sir John Finlay: We claim that any admission of air iu doublechambered teat cuf s is an infringement of our patent. P. E. Bryant, formerly employed by tho Gane Company as a fitter of milking-machinery, stated that the admission of air to teat cups was a great advantage in the working of milking-machines, and it was almost impossible to work them without admitting air. He gave particulars of certain instances in which ho had remedied troubles, experienced by farmers in connection with Gane machines, by making alterations in order to admit air. In reply to Mr Skerrett, he 6aid that in many cases the " claws " of the Gane machines, although not made with the intention of admitting air, wore not absolutely .airtight. Alfred Jensen, of Feathorston, manager of W. Garten's farm, stated that he had been attached to tho Palmerstou North office of tho Gane Company. He had informed a man named Reynolds that the way to admit air to a Gane teat-cup was to eiso the screw top. Witness was satisfied that a machine with air admission left the cows' teats nearer nrmal condition than a machine without it.

James C. Williamson, dairy farmer, of Ash hurst, near Palmerston North, stated that when he was purchasing a Gane machine Chapman, the manager for the company in Palmerstou North, told him that he could get air admission with tho Excelsior teat-cup by means of certain groovos on the underside of the tup of the cup. The manager also showed witness how to get more air by loosening the top. Neil Williamson, son of the pievious witness, gavo corroborative evidence as to the conversation with Chapman.

Daniel Joseph McGowan, manager in Auckland for J. B. McEwen and Co., Wellington, stated that he had had 11 years' experience with milking machinvs. H«' had been dairy instructor for New Zealand from hsiMi to l'.'O;!. and was dairy commissioner for about eight months in 1903. Witness's evidence was in the direction of deiining the differonce between tho various makes of milking machines. It was possible, he said, to screw the top of the Gane Company's cup down so tightly that air would not be admitted. The case is still unfinished.