Page:Federal Reporter, 1st Series, Volume 8.djvu/929

 COIiLIGNON V. HAYES. 915- �the sitting part is in the plane with such side rails, and as the de- fendant's sitting part, N, is flexible and of carpet or leather, so as to fold, and as N is not pivoted to the back legs at all, and is connected only at its back end to the round, I, in the front leg, C, therefore the defendant bas no seat pivoted as in claim 1 of the plaintiffs' patent. This view overlooks the identity of the piece, D, in the defendant'» folding mecbanism, with the side rail of the plaintifE's seat in his fold- ing mecbanism. �The plaintiff shows that the defendant bas made and sold chairs constructed in aocordance with the drawings of the defendant's pat- ent. This is not denied by the defendant. Claim 1 of the plaintiffs' patent does not cover the entirety of either claim of the defendant's patent; and to make a structure in accordance with the description and drawings of the defendant's patent infringes claim 1 of the plain- tiffs' patent. Either claim in the defendant's patent may be valid aa a wbole, and yet there may be no right to make the whole structure shown in its drawings without a license under the plaintiffs' patent. �Vaill's patent. No. 38,132, of April 7, 1863, does not; nor does Exhibit No. 3, purporting to represent it; nor does Exhibit No. 4, purporting to represent Crain's patent, No. 13,479, of August 21, 1855; nor does that patent ; nor does any other prier patent referred to, — show what is found in claim 1 of the plaintiffs' patent, and in the defendant's structure, in the view above set forth. �The plaintiffs make no claim that toodel No. 1, presented by the defendant, infringes their patent. �The general assertion of the defendant and others that folding chairs, like those described in the plaintiffs' patent, were known and used before the invention of the Collignons was made, is not supported by a particle of evidence. No prior article is shown or described.. The plaintiff C. 0. Collignon shows that be and the other joint in- venter, his brother, who died in June, 1880, or he and his said brother'a executors, have always owned the patent; that they have been, since 1869, making chairs with the improvements covered by it, and have never been interfered with except by the defendant ; that their busi- ness in Bueh chairs is to the extent of about $30,000 worth per year; that they have two licensees who pay them royalties; that the licensees complain of the defendant's infringement, and the license fees are endangered thereby; that he, C. 0. Collignon, first learued of the defendant's infringement in 1878, and promptly notifted him to cease infringing, and has repeated such notice three times since; that soon af ter the first notice his brother became seriously ill and ��� �