Mica Insulator Company wins patent infringement suit for the Dyer patent

THE MICA INSULATOR COMPANY, through Kenyon & Kenyon, its solicitors, brought suit in equity in the United States Circuit Court for the District of New Jersey against the Union Mica Company, a New Jersey corporation, and John M. Lay. After submission of full proofs and arguments on both sides, the Hon. George Gray, of Delaware, United States Circuit Judge, has just filed an opinion holding that the Union Mica Company and John M. Lay have infringed upon the rights of the Mica Insulator Company, under the Dyer United States patent No. 483,646, and that this patent introduced a new and valuable raw material to the art. The following are quoted from Judge Gray's opinion: "The expert testimony on both sides show that a substantially new material has, by the process of the patent in suit, been supplied to the electrical art." * * * "The trade name "Micanite," given to this material by the patentee, has established for itself a recognized place in the electrical art." Speaking of the Dyer process, Judge Gray refers to it as: "The process that has so completely solved the difficulties in the way of economically and efficiently utilizing mica." "The process is thus characterized by a produce unique and admittedly of the greatest utility." "I have no difficulty in finding that the process of the Dyer patent in suit is unanticipated, and that it involves patentable invention." "I am satisfied that the defendant company has been guilty of the infringement of claims 1 and 2 of the Dyer patent, as charged in the bill." The Mica Insulator Company advises dealers and users of mica insulating material to avoid purchasing mica products made in substantially the way micanite is made. The patent has been sustained after long litigation, and the Mica Insulator Company proposes to enforce its rights under the Dyer patent against all infringers, and against all who aid and abet unauthorized manufacturers to infringe, by purchasing the product of the infringement. The Dyer patent covers broadly the only process by which a material having the valuable characteristics of micanite or a mica product capable of being molded can be made.