Quote:
Originally Posted by Geof.Fowler
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I have only just begun to read the court case, and it is quite a read.
One point that stands out is: "The motion was predicated on an affidavit that Timken had manufactured transfer cases for the United States alone,..."
As stated regarding GM USA/McKinnons, and Ford/Ford Canada, there were a number of Canadian companies that were either sister companies or independant subsidiaries that engaged in Canadian manufacture of US designs for the Bristish Empire market.
Timken has lodged an affidavit that
they only manufactured transfer cases for the United States. Perhaps a Subsidiary or licensee of Timken in Canada had manufactured the T32 within Canada, and with Timken being aware on the need to pay Alma royalties in 1940-41 (ie Pre-War in US terms and before the passing of the Royalty Adjustment Act), ensured that the Canadian production did not make use of the term "T32" to avoid triggering royalty payments to Alma on production of the CMP Transfer cases, which by then were being made in Canada in quantities far greater than any Pre-War US numbers.