44 
BETTS’S PATENT METALEIC CAPSULES. 
have been extensively used, they are now superseded by those made of the 
mixed metal. 
But notwithstanding the advantages of Mr. Betts s process, he. states 
that up to the present time he has been a great loser by his patent, in con¬ 
sequence principally of the heavy law expenses incurred. We believe he esti¬ 
mates his loss altogether at more than £30,000, and he naturally feels aggrieve 
at having been put to this expense, most of which has been inclined m establish¬ 
ing what is now proved to have been his right. He is fairly entitled to avail him- 
self of the monopoly now conceded to him for the remaining two years and a 
half that his patent has to run; and if he had been satisfied with this, looking to 
the patronage of the public for the means of retrieving his losses, we feel as¬ 
sured that retail dealers in capsuled articles would have contributed in promo¬ 
ting his interests in this way. But the money that has been squandered in 
law, or otherwise lost in establishing the exclusive right to make and sell these 
capsules, amounts to a very large sum, while the further continuance of the mo¬ 
nopoly is very brief, and there may well be some doubts of the possibility by the 
fair profits of trade, of making the balance in favour of the patent. .There 
must be a great many capsules made and sold to give a profit of £30,000 in two 
years ancf a half. 
Mr. Betts seems to think that where there has been a wrong there ought to 
be a right, and he thinks he has been wronged in the loss of £30,000. 
Until recently, the law proceedings instituted by Mr. Betts have been directed 
against what may be called great offenders, men who have been manuiacturers 
of capsules by processes which have proved to be infringements of the patent, 
or who have used such capsules in the way of business, knowing them to have 
been so produced. Many of these cases have been compromised by the pay¬ 
ment of sums of money to stop further proceedings. Still, all this, no doubt, 
leaves a heavy balance to the bad, and wholesale offenders being limited in 
number, other means of covering losses must be sought for. 
Within the last two or three weeks, proceedings have been commenced against 
retail dealers. On or about the 10th of July, no less than twenty-three chemists 
and perfumers, in different parts of London, received copies of the following- 
letter, which was similarly worded in each case:— 
London , 11, Cannon Street West, July 10, 1865. 
Sir,—I am instructed by Mr. William Betts, of Wharf Road, City Road, Patent 
Metallic Capsule Manufacturer, to commence proceedings against you for an infringe¬ 
ment of his patent, by the use and sale of metallic capsules on bottles, which capsules 
have not been made by him, but of precisely similar materials. It would be idle to 
assume, after the number of years that the capsules made by the patentee have been 
before the public, and the protracted litigation in the law courts in respect thereof, 
that you can be ignorant of the decisions of the Judges in favour of the patentee; 
and as recently as the 2nd of June last, it may be found, on reference to the ‘ Times ’ 
newspaper of the following day, that an Injunction was granted by his Honour the 
Vice-Chancellor Sir Wm. Page Wood, in the case Betts v. Neilson, restraining the 
use in England of foreign-made capsules. Notwithstanding these repeated decisions, 
the use of capsules, made in infringement of the patentee’s, has steadily increased, 
and there is no other mode of endeavouring to stop the use of them, and obtaining 
•compensation in damages, than by proceedings in Chancery’-, which the patentee has 
determined to take against all infringers. 
I remain, your obedient servant, 
E. Kent. 
P.S. The case of Betts v. Neilson came on, upon appeal to the Lords Justices, on 
Eriday and Saturday last, and was dismissed, as may be seen on reference to the 
newspapers. 
Immediately after the issue of these letters, namely, on the 12th of July, 
