Patent Suit Against Carnegie

Washington, May '3- The flling of a suit in Pittsburg by the French armor flrm of Schneider & Co. against the Caínegie Steel oompany, to restrain the latter from making artnor from nickel steel for tho United States government without paymont of royalty, on the ground of infringêment of the patent held by the Schneider oompany, caused no surprise at the navy department, where some sucli news had been expested for a long time. Each of the two great armor making companies in this country now has on hand a suit for infringement. The Bethlehem Iron oompnny has been sued by the own ers of th H n-vey patents for hardening armor fov ropalcies ón account of the us .; of their proces iu treating armor plates ïhe Dittvy ü ;; artment has gone on record (a moit unusual prooeeding) in dcelarins? thar. iho Schneider patent is not Valid This waa done at u when thu dt)artmenii made its non raot witli tlio C.rnegie C)inp::i)y ín 18 '3 lor armor. Among a lot of wbereases aad after a re citul oí the fnot th;it cerCain p'irtios claim to control the right to make armor plate containlng nickel, was this language: "Whereas, The party of the second part [tho ntivy dopartmeiit] declines to recognize the claims of snid patentees and pay the royalty demanded by them, said royalty boing 2 cents por pound upon fiiiishud armor platea aaiiappurtenances," ata Nevi-rtheless, to guurd the contractor agaiuüt jusr. snch a suit as this which has niv beeu br.aght, the contract Drovidcil fliat money iqual to the royalty on each plate iw.MKDiied Oy the eroveinn.ent shoula be laid asiJu ín a depository, aml iu oaso a courc o( competent juriídiction should find the patent iuvalid tie money shouH be repaid into the treasury. So, ;is it stands, the Carnegie coinpauy cauaoclose by this euit if thu deoislon is in favor oí the French company, aud tlie suib theriíforo is really against the ünitod guates government. The defense of the Carnegie Company will be based on two oontontions: firsi., that the estire tichueider pitttíat is uiv.tli ! because a simple tilloy uaunoi bu patenten under our laws and beca uso tlio partiuiilar proporties of this alloy hiu bcen maüe known to the world bef ore the issue of the patent by thn publioation in the proceodings of the Kritish Iron and Steel Instituto oflRiOof a paper preparad by Professor Riley, au eniineai Brrtish metallurgist. This publicatiou had atcraeted Mie attention of the navtl orduance bureau befora the French nicttel sti-nl p.'n.ro was submitted tor the uelebruted uua U Iudian Head in 1890. The sccond plea of the Carnesie company is that thoy don't m-ike their nickel steel in the iiwnner prcscribed in the tormula of tboSuiineidor ii!enl. As to the suit brought by the Hirvv paténteos against the Bethlphem rompiny, it may be stated thiir. the United Scates government is nol involv.-d.