ALLEGED PATENT INFRINGEMENT

Press, Volume LXXVIII, Issue 23819, 12 December 1942, Page 4

ALLEGED PATENT INFRINGEMENT

DISMISSAL BY APPEAL

COURT

CASE ON HAIR WAVING

PROCESS

(P.A.) WELLINGTON, December 11. The Court of Appeal delivered judgment to-day in the ease, Maeder versus the '‘Honda" Ladies’ Hairdressing Salon and others, dealing with a patent nonelectric hair waving process. The case, when heard by Mr Justice Smith in the Supreme Court at Wellington in June and July last year, occupied 18 days, and was believed to be probably the longest process case yet hoard in New Zealand. , , . The patentee, Frederick Maeder, of Adelaide, claimed that the patent had been infringed. Mr Justice Smith held that the patent was invalid, and also that the patent had not been infringed. From this judgment an appeal was made. In the judgment delivered to-day. the Chief Justice fthc Rt. Hon. Sir Michael Myers' held that the process was not patentable as not amounting to a manner of new manufacture, but he stated that if wrong in this view he disagreed with the findings of the trial Judge in the Court below in favour of the respondents. Mr Justice Kennedy upheld the trial Judge and found for the respondents on all points on which they were successful in the Court below. Mr Justice Johnston agreed with the view that the process was not patentable, and found for the respondents on all points on which they were successful in the Court below.

The appeal was dismissed, with costs allowed to the respondents on the highest scale, and an allowance of 15 guineas daily for each of the eight additional days in (ho Court of Appeal.