Case Comment

Incandescent Gas Light Co. v.
New Incandescent Mantle Co.

citation(s): (1898), 15 R.P.C. 81, per Matthew, J.

copyright 1997 Donald M. Cameron, Aird & Berlis




The Decision

At p.84

"It is quite clear to me that the defendants were carrying on systemically the business of infringers of this patent. It is perfectly idle to say that the defendant Tossel was innocently conducting the business in fittings only in connection with Conrad Dewey [a prior partner of Tossel]. He does not contradict that the terms upon which they came together were that the fittings were to be supplied on the ground floor, and that the mantles were to be forthcoming from the first floor. The defendant perfectly well knew that it was an infringement of the plaintiffs' patent. It is too clear for any doubt or mistake, and I am not at all surprised that the defendant has chosen not to go into the box to attempt to contradict any of the things that have been said. His letters are perfectly clear as to the position he was taking in the matter."


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