PATlIlNTS'joB!NVENTIONS-INFRINGE:M.il:NT-PACKERS FOR OIL WELLS.
:w patent No. 167,4llO, issued: September 7,1875, to James P. Gordon, for an impro;vement in packers for ahutting oj! water from oil wells, consisting- of (1) a tnbUlar'cMing, (2) an eX);lansible packer, and cone for expanding it. and (8) a 0,t",e,lips 0,1' wedge arm,s, and a wedge '00, ne ,to force the a,rm,.s against the wall of the weg; to form a resistance base to the packer, so th.at when the casing is moved lengthWise tlle cone within the packer will expand it, the third element is novel, oo41a ."he ,basis of the entirtj device, and the patent is by a device making uSE! :Q:f "ame idea by niech,auical eqUivalents, their P'dsltion merely being reversed, 'although 'in suoh device' the wedge arms, besides' serving to place the pacjl;Qri!l·position, as in the combination patented, havo t1:le,additional function of in the casing.' .
IuE:qqity. for infiingementof patent.'Heard on pleadings and proofs. . :Qe9ree for com plainant. W. ll(ikewell for compla.nant. D. F.'fatter8O'n, for defendant. ',' '. Circuit Judge, 'and BUFFINGTON,'District Judge.
BUFFJ;NqTQN, District Judge. "This bill. is filed by Benjamin MasJames P. against George:ralm, for alleged infriugeQleptpf patent No. 167,400" flilsued 7, 1875, for an improvement in packers in shutting off water from oil wells. In drilling such of salt water are met at great depth,\vhich must be shut off, or the, be ruined., 'Before the patent iIi' suit this was done by running an .iron pipe called "QRsiQg,l' froIl) the surface, to a point below the salt-water, vein. Here it reste4 on the bottom of'the well, and by lDeans of !'i\-cker kept the out. From that point a hole of smaller diameter was drilled, until the oil was reached. Inside the casas well, was placed a smaller ing, and (rWll,its lower end to the string of pipe, called" tubing," through which the oil was pumped to the surface. As .these veins of salt water ,vere found at considerable expense. To avoid this, Gordon, depth, the casing was a the patentee, conceived the novel idea of using only sufficient casing to span the water veins, placing at each end a packer, to prevent thewater escaping either up or down; and thus effectually shut off the water in a jacket, closed at both ends, and suspended and self-sustaining, hundreds of feet below the surface. This was called a "double packer." The idea was novel, and was a radical departure from former methods. Being a pioneer, and not a mere improver, Gordon's claims must be given a liberal construction. Sewing-Machine 00. v. Lanca8ter, 129 U. S. 278, 9 Sup. Ot. Rep. 299. Gordon's patent shows how he accomplished this result: "Having prepared the necessary length of casing, C, I screw onto the top. and bottom of it the cones, C', CII, both of them having their bases down-
MASSETH V. PALM.
w!\rd, as shown. On these cones, which are roughened' or corrugated to hold them, I place the leather packers, P, P'. Above thelower packer is placed the open expansible ring, 0', and above this a loose ring, R', conicalon its onter surface, and with its base resting on 0'. To ring, V, are attached three elastic arms, which carry at thl'ir lower ends the barbed of conical ring, wedges. W, which lie in contact with the outer H. Their barbed teeth are cut so as to offer no resistance while descending the well, but to oppose being drawn up by catching in its sides. The rings, V and R, are respectively held in place and prevented from riding upon the casing by the pins, pp'. It is clear that after the casing, with these attachments at its lower end, has been lowered to a point some distance below the water vein, if an attempt is madeto draw it up, the ring, R, will drive apart the wedges, W, and cause them to engage the sides of the well, and to become firmly wedged in between the well walls and the loose ring, R', thereby Slopping the upward movement of that ring and of the ex. pansiblering, 0', below it. By a continuation of the upward draft the cone, 0", is farther drawn up, and wedges the packer P', tightly between it and the wall, effectually packing the well below the water vein, and firmly fixing the apparatus in the wall." Having solidly secured the packer and the casing at the lower end, he fixes the upper packer in place by means which. neeq not be detailed, as they are not material to the issue. He alleges infringement by Palm of the third claim of his patent, which is as follows: "In combination With any required length of well casings, devices contltructed and operating substantially in the manner hereinbefore specified, at. tached to the upper and lqwer ends of the same, whereby said casing may be made self-sustaining at any desired point in an oil or artesian well, and have a water-tight packing inserted and fixed between its endsand·the well walls, for the purpose of shutting off a water course or vein, SUbstantially in the manner set fortb." That is, in the lower packer he claims (1) a tubular casing of proper length to span the water veins; (2) an expansible packer of leather or rubber, and a cone for expanding it; and (3) a set of slips or wedge arms, and a wedge cone to force the arms· against the wall, to form a resistance base to the packer, so that when the casing is moved lengthwise the cone within the packer will expand it. The first and second elelllents in the .combination were old, but the thirq was n0\7e1, and is the basis element of the entire device. Palm places his slips or wedge arms below, instead of above, the rubber, with a spring below them, held in place by: a wooden pin. Above the slips is a wedge cone, to force the arms against the wall when the spring is released, and thus form a resistance base for the packer above it. When the pin is withdrawn, and the spring released, it forces the wedge arms upward on the 1:one, by which they are expanded, and become fixed in the wall of the well. The packer is then let down on the shoulder of the wedge cone, and expanded by a cone from above. By certain means, not material to the issue, an upper packer is next put in place; the whole forming a double packer. From the testimony we are satisfied the wedge arms in Gordon's deare. used for placing the packers in position. After this is done, the expanded rubbers alone sustain the casing, If possible to do
Al"\llscould from, WitjIl appaaffecting the functions of the in ,wedge arltts dOi'more. Theyserv&) thelpurposeof g .... . it.,9kerSi.ri POB.· itio.n;. bil t 't.,.h.ey.alS. 0 a.idi!1+.' . . ·. .... · . , i.rt.'.in . th.,.e casIt matte! of nosmll.\l moment whent'fl:e',welghtof a long simpg"Q(i)eavy iron pipe is In the presad, firmly Palm's we!ige become;.'iwbeq.ded., 'r4at .a most valuable one is alsoshciwofby' the fact that lire 110w constructed on this using the a palm i, <lnced.ing that It must stIll be admItted. he m#cluU)ical of Gordori:s dev'ice, that he haa. botrdwed the basis idea of t4e wedge arms an,dthe cone. that source:' .'Pbisviewis strengthenediby fact, ,testified to, .' The mechanism of G6rdb6' 'is simpl,freversed inPalfu's device. In the 'former the upper sharpened, edges of the cleats on the wedge arms' arid the lifting of the ca:,S1bg,'dduse tbewed'ge'ftrmsto catcl1 the well wall/and thus secure the Pl>int in. a ViZ.,1l stationary blUitej in the lat1!er;tbe ol"jarring,cause the same result, though from an opposite point. 1n' both; increased ptessure On the wedge ddn""ll:ids andfinishesthetwork. . That the ttdditionalfunction of the helping appears in: the Palm. devi".e does not less an inJring:¢ment. ' lit Inverted, plus the added function of sustaining aid of the arms. As such t it is; (i)urduty to decree,it an infringement. Let decree be drawn accordingly.
'Circuit Judge, concuQ.
& b.ON 'Co. v. KENTUCKY SOU'l'BERN OIL & GAS Co. et ale
(C£rcuUOouTt; D. Kmtuckl/. AprU 19, 1892.)'
Wben a mort:gage is made to a trustee to secure coupon bond&,'tbe rigbt to bring suit ot foreelollure is in the trustee, whlob. right, however, ill. not exclusive ot the bondhol!lllra made 110 by tbe terms of the deed. . , '
.· . . . ','
: Where :atrtl'Bteein a mortgage seeurinp;, coupon bonda' accepts the position of trustee in a subsequent deed of general assignment made by thll mortgagor for the benefitot'all bls oreditor!!, whloh embraces the property covered by tbe mortgage, the ·reepectiVll i!lteresta to be represented by the trustee ,unqer tbe deed are confiicting' a.ud and sucb aoceptallce oau.ses a forfeiture ofllony preference the otberwise had, 81J' against the bondbolders, to .bring suit to ,toreeloee the mortgage. . , '