Talk:Marie Killick
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[edit] Source material
Moved to Talk as resource for discussion; this version was unencyclopedic, lacking sources per WP:RS, and in breach of WP:COI. Tearlach 01:25, 30 March 2007 (UTC)
REVOLUTION IN SOUND – 1945 - GEM OF AN IDEA ==
In the late 1930s and early 1940s, recordings on 78rpm shellac records were played by the use of steel needles with a sharp point. The needle rode on the bottom of the groove, producing very poor sound reproduction, whilst acting as a chisel, tearing into the record groove and destroying the recording, often in just one playing.
Marie Killick, a British citizen and audio sound engineer, set to work to find a solution to the problem.
Her invention was a revolutionary and innovative step. A sapphire gemstone, ground to a flat at its tip, mounted on the end of the stylus. Because of the flat, her stylus did not tear into the bottom of the record groove but rode on the sides, doing away with sound distortion and crackle, and the damage done to the record by steel needles. Just one of her styli could be used for many thousands of playings without wear and tear to record or stylus.1 Marie Killick’s invention was instrumental in opening up the record market; growth in interest in quality sound reproduction was the forerunner to the birth of the teenage phenomenon that was to burst onto the market with the rock and roll era of the 1950s, and all that meant to the expansion of the record industry.
In 1945, under the protection of a British Patent, 2 Marie Killick manufactured her stylus at 117/120 Fleet Street, London, E.C.4 England. Her invention was marketed under the trade name Sapphox.
Decca Ltd became interested in her stylus and after exhaustive tests, declared it to be "the best thing on the market". In 1946 they offered her £750,000 for all her rights in her British Patent. She refused their offer, preferring to market her own invention. 3 Her business was expanding and to cope with demand, she had invented an automatic Sapphire Lapping Machine capable of producing 10,000 styli per week. She applied for a Patent on this machine 8th November 1945. Application No. 30004 4 Marie Kilick applied for patents covering her sapphire styli and was granted full patents in the following counties
Austraila, Belgium, Britain, France, Italy, South Africa, Switzeland.
Applications for patents were also made in America, Canada and Holland 5
Her markets shrink – world patents lapse - restoration British Patent
Orders for her styli began to fall off and she was later told by business contacts that there was something better on the market. She was finally forced to close her manufacturing company due to lack of orders. Her World Patents and Patent Applications (including her British Patent, handled by her patent agent GILL JENINGS & EVERY, Chartered Patent Agents, 51/52. Chancery Lane, London, W.C.2. England, 6 were allowed to lapse as a result of non-payment of fees by her patent agent. When she discovered, in 1950, that they had lapsed, she set to work, as a matter of priority, to have her British Patent restored. Pye Radio, Ltd of Cambridge opposed the restoration but failed in their endeavours, and on 21st August 1951 her British Patent was re-instated 7
Writ for infringement of British Patent 606303 issued on Pye Radio of Cambridge England 8
On investigation, she discovered that Pye was marketing a gramophone stylus under the name “Universal Stylus”. On inspection of their manufacturing drawing (released to her by one of Pye’s subcontractors), it was found that their “Universal Stylus” was, in fact, an infringement of the Patent protecting her invention. On 8th August 1953, Pye were issued with a writ (Killick v Pye Limited) for infringement of her Letters Patent (No.606303.)9
Judgement awarded in Marie Killick’s favour
In 1957, on 29th November, a six day hearing (1953 K. No. 1005) in the High Court of Justice, Chancery Division, Strand, London, England, began before the Honourable Justice Lloyd-Jacob (a judge versed in patent law). On 21st December 1957, judgement was awarded in Marie Killick’s favour against Pye Radio Ltd, for infringement of her patent. Her invention was awarded a certificate of validity, and Justice Lloyd-Jacob directed a full enquiry as to Heads of Damages against the defendants. An injunction to prevent Pye from future manufacture of the Universal Stylus was issued, they were ordered to destroy any styli manufactured to Marie Killick’s design still held in their stocks. 10
Pye appealed to the Court of Appeal. On 21st July 1958, the Appeal Judges, Lord Evershed (Master of the Rolls), Lord Justice Romer and Lord Justice Ormerod, upheld the judgement of the lower Court and Pye lost their Appeal. News of her victory was published in newspapers around the world, three British National Newspapers report headlines cited below.11
As a result of her victory, Pye took out a debenture with the Prudential Insurance Company for £2,500,000 to cover themselves against any claims for damages that Marie Killick may make on their retailers for selling Pye’s infringed styli. 12
Marie Killick manoeuvred into bankruptcy
In 1959, Marie Killick was manoeuvred, through debt, into bankruptcy. Once she was adjudicated bankrupt, the control of all her assets, her damages claim and her British patent passed from her to the Official Receiver in Bankruptcy. She attempted, through legal action, to prevent him from coming to an out of court settlement of her damages claim against Pye Ltd. In 1963, after her 4 year legal battle with the Official Receiver, he succeeded in settling out of court with Pye Radio for a “derisory” amount of £4,300 13 Under the Full Heads of Damages that the Judge had ordered, she should have been able to claim for the loss of her World Patents, her world markets and her London based business and British markets, the loss of her home as well as the loss of her children’s education and their settled and secure childhood.
In 1962, her British Patent ran out of time – leaving her invention unprotected and available for all to manufacture. Marie Killick had been prevented from gaining any reward from her patent for fourteen years. After the closure of her business due to Pye’s infringement, her attempts to restart manufacture after Pye had lost their Appeal, were thwarted at every turn. She was never again to be in a financial position to manufacture her invention. Her legal battle, which lasted over ten years, was funded by a Legal Aid Certificate.14
In 1964 her four children lost their mother who died of lung cancer, never having received a penny of the damages due to her, her youngest daughter being just ten years old. Her children remember her with love and pride for the heroic battle she fought in the name of Justice – a Justice that in the end eluded her when financial giants robbed her of all that was rightfully hers.
21.40. 27 March 2007{| class="wikitable"
All the information in this article relating to the infringement of Marie Killick's stylus, Legal case and victory against Pye Radio, is on record at the High Courts of Justice, Strand, London. Her Patent was registered at the Patent Office London and her bankruptcy a matter of record in the Brighton Bankruptcy Court, England and is original and does not violate any copyrite.
Any personal information relating to her children and her death, provided by her daugher, Cynthia Killick''
1,2. published by the Patent Office, Southampton Building, London.
3. affidavits and documents held by
Cynthia Killick).
4. Publishe by the Patent Office, Southampton Buildings, London).
5. supported by letters from patent agent now in Cynthia Killick's keeping).
6,7,8,9,10,. >.doucuments held by Cynthia Killick.
1211, > Daily Sketch 22nd July 1958."MOTHER'S BRAINWAVE MAKES HER FORUNE"22nd July 1958 "I'VE EARNED EVERY PENNY OF MY £5,000,000" "LONG PLAY FIGHT"
12,13,14. >.doucuments held by Cynthia Killick.
[edit] Given name
Marie or Maria? The linked articles say Marie, but the handful of Times references say Maria. Tearlach 21:31, 1 April 2007 (UTC)
