NEWS
164 T H O M A S J.
KEENAN
THOMAS J. KEENAN, a chemist and well-known technical journalist, was found dead in his home in South Orange, N. J., on May 1. He was sixty-seven years old and death was attributed to natural causes. Mr. Keenan was best known, especially in his later years, for his technical writing and for his keen interest in the paper industry. He was one of the organizers of the Technical Association of the Pulp and Paper Industry and served as the association's secretary-treasurer from 1915 to 1920. In his earlier years he was employed as a hospital pharmacist, which occupation he followed from his arrival in this country from Scotland until 1892. He had served on the editorial staff of the Pharmaceutical Record and later the American Druggist. He served as editor of both publications as well as of Paper. In 1923 he became editor of the scientific publications for Lehn & Fink, Inc., and later associate editor of The Paper Industry, where he remained until late in 1932. Mr. Keenan was an old-time member of The Chemists' Club and was one of those who, with L. H. Baekeland and the late Charles Baskerville, formed the group known as the Solari's. This name was chosen because they met in a restaurant run by Solari. Keenan was a man of considerable culture and refinement and fine sensibilities. H e was quiet, but with a streak of good humor and was the cordial friend of many chemists. How well do the words of Omar Khayyam apply to him! For some we loved, t h e loveliest and the best T h a t from his vintage rolling Time hath pressed, Have drained their c u p s a round or two before, And one by one crept silently to rest.
Patents VITAMIN PATENT
INFRINGED
THE UNITED STATES Circuit Court of Appeals for the Second Circuit has rendered a decision in favor of the International Vitamin Corp. of New York in its suit against E. R. Squibb & Sons for infringement of the Marcus patent No. 1,690,091. The patent covers the process developed by Joseph K. Marcus, scientific director of the International Vitamin Corp., for extracting the vitamin fraction from cod liver oil. CELLOPHANE S U I T SETTLED
A SETTLEMENT OUT OF COURT has been reached in the suits brought by the Du 1 ont Cellophane Co. against the Sylvania Industrial Corp. in the District Courts of Delaware and Virginia for infringement of patents owned by the Cellophane Co. Sylvania has taken out licenses under du Pont patents for the manufacture and sale of moisture-proof regenerated cellulose. RAYON PATENTS TRANSFERRED
T H E TUBIZE CHATILLON CORP. has announced the purchase
from the New Jersey Zinc Co., Inc., of all American, Canadian, English, and European patents issued to James A. Singmaster, pertaining to the delustering of artificial silk or rayon by the use of pigments. M A L L I N C K R O D T P A T E N T FOR E T H E R C O N T A I N E R S INFRINGED
THE U. S. DISTRICT COURT of the Western District of Missouri has recently held patent No. 1,370,865, March 8, 1921, for ether containers, owned by Mallinckrodt Chemical Works, as valid and infringed in a suit brought against E. R. Squibb & Sons. After considering in detail the many difficulties encountered in the prior art in obtaining a satisfactory closure for ether containers, Judge Reeves stated that the patent in suit Purports to cover sheet metal cans having a closure of soft metal secured t o the can b y a ring of harder m e t a l . T h e closure was accomplished by interlocking t h e edges of t h e several parts a n d , on account of the soft metal of t h e cap a n d the sharp harder edge of the pouring neck, t h e sharp edges of the pouring neck and t h e binding b a n d were imbedded in t h e soft metal cap. According t o t h e evidence, this was efficient in hermetically sealing ether cans. After t h e p a t e n t in suit w a s granted t h e defendant quit its former method of soldering and employed a mechanical combination similar t o t h a t embodied in plaintiff's patent * * * On t h e question of validity of the p a t e n t , t h e court must indulge t h e
EDITION
Vol. 11, No. 10
presumption of validity; t h a t it possesses utility a n d embodies invention. (Decisions cited.) This presumption is strengthened b y the circumstance that the d e fendant has cited i n its answer a great number of p a t e n t s alleged to have a n ticipated or narrowed t h e a r t . Moreover, there is t h e further supporting circumstance that the defendant has since t h e issuance of plaintiff's p a t e n t employed a seal or combination very similar to t h a t embodied in t h e patent. (Decisions cited.) * * * Furthermore, it appeared from t h e evidence that the defendant advertised its seal as a n improvement and placed upon its can a statement t h a t it too h a d applied for a patent. The defendant, u n d e r such circumstances, could hardly be heard t o dispute t h e validity of plaintiff's patent. (Decisions cited.) According to t h e evidence t h e combination involved in plaintiff's patent became popular a n d was immediately p u t in use extensively, both by t h e plaintiff a n d defendant. This, too, aids the presumption of patentability. (Decisions cited.) The foregoing is true notwithstanding the fact t h a t each of the elements involved in the patent may be old. If t h e particular combination of elements produces a new and useful result, then the article is patentable * * * In view of t h e foregoing, t h e Court must reach, the conclusion t h a t plaintiff's p a t e n t is valid and infringed. Accordingly, plaintiff is entitled to a n injunction against future infringement a n d a decree for an accounting of profits. TEXAS
C O . F I L E S S U I T FOR P A T E N T
INFRINGEMENT
T H E TEXAS Co. has filed suit against West Texas Refining Co., alleging patent infringement. The suit, which has been filed in the United States District Court at El Paso, Tex., is directed against certain cracking operations conducted by the West Texas Refining Co., at its plant a t Pecos, Tex. The bill of complaint alleges infringement of certain patents owned by The Texas Co., specifically the following: Behimer, No. 1,840,012, for apparatus for making gasoline; and Behimer, No. 1,883,850, for process for making gasoline.
Personalia CHANGE: OF ADDRESS. When sending in any change of address, please also forward information regarding position held, company or business connection, and class of products manufactured to AMERICAN CHEMICAL SOCIETY, 728 Mills Bldg., Washington, D. C.
EDWARD BARTOW was one of the speakers a t the water works and sewage plant operators short school at Oklahoma Agricultural and Mechanical College, Stillwater, April 25 to 27, 1933. Doctor Bartow also gave a series of lectures at the "Universities of Missouri, Arkansas, and Kansas, and before the sections of the AMERICAN CHEMICAL SOCIETY at Waco,
Tex., and Wichita and Manhattan, Kans. Concluding more than thirty-five years of service with the General Electric Corp., ALBERT G. DAVIS, vice president in charge of patents, retired May 1. It is announced that CHARLES E . TULLAR, manager of the company's patent department, is to succeed Mr. Davis as a member of the advisory committee and of the engineering council of the company. VICTOR G. FOTJRMAN, who formerly held a fellowship donated by the Associated Manufacturers of Toilet Articles and completed his doctorate work at Columbia University, is now research chemist with Compagnie Parento, Inc., Croton-onthe-Hudson, N. Y. E. W. GOODPASTURE, professor of pathology, Vanderbilt University School of Medicine, gave the annual address of the LaFayette Guild Chapter of the Gorgas Medical Society. University of Alabama, April 28, speaking on "A Medical Pageant." Following the address he was made an honorary fellow of the society. E. H. KILLHEFFER, manager of the Fine Chemicals Division of E. I. du Pont de Nemours & Co., Inc., has transferred his headquarters from New York to Wilmington, Del. D. P. MORGAN, JR., of Scudder, Stevens & Clark, has moved his offices to 1 Wall St., New York, N. Y. A. P. SMITH, of the Philadelphia Coppersmithing Co., has been made president of the Philadelphia chapter of the National Institute of Manufacturers and Distributors. This is an organization of thirty industrial companies in Philadelphia and the eastern section of Pennsylvania which is serving the brewing industry. The purpose of the organization is to cooperate toward securing intelligent regulation of the brewing industry and allied problems. Other officers of the organization are FRANK G. STEWART, of Frank G. Stewart Co., vvje president; HARRY J. FERGUSON, Sprout Waldron & Co., treasurer.
