MILKING MACHINE CASE.

New Zealand Herald, Volume LII, Issue 16019, 10 September 1915, Page 5

MILKING MACHINE CASE.

CERTIFICATE UNDER ACT. ,*

Reserved decision was given by Mr. Justice Cooper yesterday in the case the Gane Milking Machine Company, Egainst J. B. MacEwan and Company. The case had been settled, but plaintiff company asked for a certificate under Section 37 of the Patents, Designs, and Trade Marks Act. 1911, which states :— " In an action for infringement of a patent, the Court may certify that the validity of the patent came in question; and if the Court to certified, then in any subsequent action . for infringement the plaintiff in that action, on obtaining a final order or judgment in his favour, shall, unless the. Court trying the action otherwise directs, have his full costs, charges, and expenses as between solicitor and client." The only effect, therefore, of the grant of a certificate, said His Honor, under section 37, was that a prima facie liability was cast upon an unsuccessful defendant in any subsequent acJJon by a. plaintiff for the infringement of the same patent to pay costs as between solicitor and client, instead of as between party and party. The certificate did not declare the patent valid, but only that its validity came in question. The action was commenced in October, 1915, the cause of action being alleged infringements by the defendant company of certain patents belonging to the plaintiff company. The defendant company denied the alleged infringements, and alleged the invalidity of the patents held by the plaintiff company. Various interlocutory proceedings followed, and interrogatories bearing on the question of invalidity were allowed to be administered to the officers of the plaintiff company, and the answers were duly sworn and filed. The cause became ripe for trial at the recent civil sittings of the Court, and was duly set down. Shortly before the dav fixed for the trial the parties came to terms, and on August 21, the ease being on the list for that dav, the Court was informed thai the parties had come to terms, and the certificate was applied for. "In the present case," concluded His Honor, " I heard evidence which established a prima facie case of the validity of the patents m question and of infringement by the defendant company, and. 33 I am satisfied that the action" is not a collusive one, and that the settlement Is a bona-fide one, I am of opinion that I '»•"•» can prooerly exercise the discretion riven to the Court by section 37 and grant the.*-; certificate." Mr. W. E. Moore appeared for ':*£»-* plaintiff company. '■£". "".""?. '"~X> - - -