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View Full Version : A vacumatic from another world



Lazard
December 25th, 2013, 12:16 PM
Full photo-report clicking here: http://issuu.com/ramoncampos2/docs/parker_vacumatic_slender_maxima_22.


79897990799179927993

Lazard
December 25th, 2013, 12:18 PM
http://issuu.com/ramoncampos2/docs/parker_vacumatic_slender_maxima_22.

Intrahistory.

Wing invented a feed for fountain pens for which he filed an application for a patent in 1937, on which application patent issued in 1940. On January 24, 1938, he entered into a written agreement with the Parker Pen Company covering all existing inventions, in the agreement called 'present inventions', and all future inventions, called 'improvements', together with all patents obtained thereon, 'made or otherwise acquired' by petitioner relating to such feeds. United States patents on three such improvements invented by petitioner were issued to him in 1942, 1944 and 1947. Petitioner's agreement with Parker is very voluminous. So far as here pertinent, it in effect grants to Parker a sole 'option to acquire exclusive rights and license to manufacture, use and sell fountain pens embodying said present inventions and said improvements upon the terms and under the conditions and provisions' set forth in the agreement. Parker exercised the option. The contract further granted to Parker 'the exclusive right and license to make or cause to be made, to use, and to sell or cause to be sold, throughout the world, fountain pens embodying said present inventions and said improvements, under and for the life of any Letters Patent or applications for Letters Patent therefor, unless sooner terminated under the provisions hereof.' For this 'right and license', which Parker was 'authorized' to exercise not only itself but also through 'any other Company or agency * * * that is controlled by or affiliated with Parker', Parker was required to pay Wing 'a royalty on each fountain pen sold by or for Parker embodying any said present invention or any said improvement' equal to a stated percentage of the sale price of each such pen, with a total annual minimum of $5,000.00 for the first license year and $8,000.00 for each succeeding license year.

Parker was by the agreement given an unqualified 'right to cancel this license' on 90 days written notice. Wing too was given a 'right to cancel' on like notice, but he could do so only 'for any breach or default thereof by Parker' specified in such notice and not 'made good' within the 90 days. Further, the agreement gave to Parker alone the right, in its own name or in Wing's name, or in both, to sue infringers and 'to make settlement' with them. Wing was given only 'the right to be represented, at his own separate expense, in such proceedings by advisory counsel', and he was excluded from participation in any recovery.

On February 26, 1943, Parker and Wing entered into a written agreement with W. A. Sheaffer Pen Company. The agreement recited, among other things, that Parker and Wing were joint plaintiffs in a suit pending against Sheaffer for infringement of several patents, including the two Wing patents as to which letters had already issued, and that 'the parties are desirous of settling said suit.' It then went on to provide that 'Wing and Parker agree', simultaneously with execution of this agreement, to modify their agreement of January 24, 1938, 'to an extent sufficient to enable Parker to grant Sheaffer a limited license under said Wing patents * * * and permit Wing to receive royalties from Sheaffer, all as hereinafter set forth.' It then stated, among other things, that 'Parker hereby grants unto Sheaffer,' subject to conditions specified, 'the nonexclusive right and license to make or cause to be made, to use, and sell or cause to be sold, throughout the world, Fountain Pens under certain (specified) claims of said Wing patents'; that Sheaffer 'acknowledges (the) validity of said specified claims'; that Sheaffer would pay Parker $25,000.00 as 'a part of the consideration of the license rights (including those to the Wing patents) acquired by Sheaffer from Parker hereunder'; and that as 'part of the consideration of the license hereby granted to Sheaffer under said Wing patents * * * with the consent and cooperation of Wing, Sheaffer shall pay to Wing' the same percentage 'royalty on each Fountain Pen sold by or for Sheaffer' as was payable by Parker to Wing, with an annual minimum total payment of $6,000.00. Wing and Parker together waived all their rights 'for any past infringement' of the Wing patents, and agreed to cut Sheaffer's 'royalty' to any lower figure granted others. Sheaffer was given an unqualified right similar to Parker's 'to cancel its license' by giving written notice, and while Wing was also given a 'right to cancel' upon like notice, again it was only for 'breach or default' not 'made good' within the notice period; any such notice by either to the other had to run also to Parker.

Conformably to the promise made in the agreement with Sheaffer, Wing and Parker on the same day, February 26, 1943, executed a short so-called 'rider' to their agreement of January 24, 1938, whereby they agreed 'to modify' it 'to an extent necessary to enable Wing and Parker to enter into said agreement with Sheaffer,' and also to reduce Parker's 'yearly minimum royalty' to Wing from $8,000.00 to $6,000.00 so long as the 'Sheaffer license' should remain in effect.

Two years later, March 2, 1945, Parker, Wing, and Sheaffer joined with W. A. Sheaffer Pen Company of Canada, Ltd., in executing an agreement which was called a 'rider and supplement' to their agreement of February 26, 1943. Therein it was provided that all Sheaffer's rights 'to manufacture, use or sell fountain pens in the Dominion of Canada, Newfoundland, the British Isles (including the Irish Free State), Australia and New Zealand under said Parker-Wing-Sheaffer agreement shall be and are hereby vested in Sheaffer of Canada', which agreed to bring itself, to the extent of their applicability to these areas, under the terms of that agreement, except that Sheaffer of Canada was subjected to no 'annual minimum royalty' and its 'earned royalties' were to be added to Sheaffer's in computing the amount, if any, payable by the latter annually in excess of its $6,000.00 minimum. The 'rider' provided further that so long as 'the major stock ownership and management of Sheaffer of Canada' should remain unchanged and Sheaffer's 'license' should remain in force, Sheaffer would guarantee payment to Wing of the 'earned royalties' of both companies in excess of Sheaffer's annual minimum, and also that termination of Sheaffer's 'license' would automatically terminate that of Sheaffer of Canada.

Wing and Parker under date of January 1, 1947, entered into a written agreement with L. E. Waterman Company. This agreement recited that Parker, with Wing's consent, had charged Waterman, also a pen manufacturer, with infringement of two of the Wing patents theretofore issued, that the parties were desirous of avoiding litigation, and that 'to that end Parker is willing to grant and Waterman is willing to accept a license under said Wing Patents.' It then went on to provide, among other things, much the same as in the February 26, 1943, agreement with Sheaffer, that Wing and Parker would modify their contract of January 24, 1938 'to an extent sufficient to enable Parker to grant Waterman a limited license * * * and to permit Wing to receive royalties' from Waterman; that 'Parker hereby grants unto Waterman * * * a nonexclusive right and license' under the two patents in question to make, use, and sell pens of a specified design and structure; that Waterman would pay to Wing the same percentage as Parker and Sheaffer of the selling price of each such pen sold, with a minimum annual total payment of $6,000.00; and that the rights of the parties would be subject to cancellation on substantially the same terms as in the Sheaffer agreement-- by Waterman without qualification, and by Wing for any uncured breach or default. Waterman's rights under the agreement, like those of Sheaffer under its agreement, were made non-assignable except in connection with transfer of its entire business, but Waterman was authorized to grant a 'sublicense' to any of 'its foreign manufacturing agents or foreign manufacturing subsidiaries' upon payment of the same 'earned royalty', such payment being guaranteed by Waterman.

Lazard
December 25th, 2013, 12:26 PM
8013...

Lazard
December 25th, 2013, 12:42 PM
full photo report clicking here; http://issuu.com/ramoncampos2/docs/parker_vacumatic_slender_maxima_22..

Lazard
December 25th, 2013, 01:00 PM
WING´S FEED PROTOTYPE PREVIOUS TO "51"

Lazard
December 25th, 2013, 01:01 PM
8014

Lazard
December 25th, 2013, 01:04 PM
The sign of Ivan D Tefft in the patent issued in 1942 confirms to us that this evolution occurs in collaboration Wing-Parker under the agreement of January 1938.


8024...

Lazard
December 25th, 2013, 01:06 PM
...And this could be the explanation for the number 22 engraved on the barrel. The section was the element "22" in the description of the patent.
8025

jacksterp
December 25th, 2013, 04:46 PM
Remarkable post.

Have not read the entirety, but intend to.

Thanks

neillmot
December 28th, 2013, 12:23 PM
Wow! Thanks for a very interesting post.

writingrav
December 28th, 2013, 03:28 PM
I just wish the link worked:(

dr.grace
December 28th, 2013, 05:34 PM
Try this instead:

add a period (dot) at the end of the url. For some reason, the FPG software doesn't handle it well.

Lazard
December 29th, 2013, 02:14 AM
Writingrav & Dr. Grace. Thank you very much, you are very kind for your note. I have already changed the links and already working well. You can download photo report in PDF format.