Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1891-07-17
INFRlNGRD PATENT
EDISON WINS IN BIS SUIT OVER FHR IN
OANDRSOEET LAMP.
Ths Claims Made and the Decision Rendered
ProGs TO Accrue From the Monopoly Thus
SecHrsd-Whas the Losers Say-Thsy
VIII Appeal the Casa

New York. July 16.-The United
States Electric Light Company, and,
through it, the Westinghouse Company,
which owns it, received a defeat yes
terday IN the decision against Il Of the
suit brought BY the Edison Electric
Light Company on the patent for the
incandescent electric lamp. Judge
Wallace, In the United States Circuit
Court, filed his opinion in the suit sus-
tanning the patent and ordering de-
cree for an injunction and an account
ing. Mr. Edison's invention was made
in 1870, and his patent was granted in
1850. The suit was begun In 1885, the
subject in controversy being two
claims "for an improvement in electric
lamps" These two claims were as fol-
lows;
l. An electric lamp for giving light
by incandescence, consisting Of fla
lnent OF carbon OF high resistance, and
secured to metallic wires, as set forth.
2. The combination Of carbon fila
meutS with a receiver made entirely OF
glass and conductors passing through
the glass and from which receiver the
air is exhausted for the purpose set
forth.
Stripped Of technicality, this means
that the Wizard" claimed patent for
generating the light, and, further, that
the little glass globes in which the light
IS held alright, were OF his invention.
Judge Wallace decides that the defend
ant company does not infringe the first
claim, because the leading wires In It's
lamps are not secured to the filament
according to the method named in the
Edison patent, but on the second claim
Judgment is given for the plaintiff, that
being In reality the essential feature OF
the invention claimed by the Edison
Company. The importance of the deci-
sion is regarded as very great by the
representatives OF the Edison Company.
They say that hitherto half of the in
candescent lamps In the country have
been manufactured by other companies.
According 20 this estimate the decision,
if upheld by the Appellate Court, will
yield the Edison Company Sl5,OOO,OOO,
of which about -, 600, 600 will come in
the Mex six years.
Mr. Eaton, of the Edison Company's
attorneys, said, in regard 10 the deci-
sion, that il would shut up all factories
of incandescent lamps, at least until the
expiration of the patent six years
hence. THE Court holds, said Mr..
Eaton, "that Mr.. Edison, being the
first inventor, is entitled to a monopoly |
OF manufacture, together with an ac-
counting for profits heretofore made by |
81 Co. ~ m
this decision, have been infringing the /
patent This suit is one Of the most |
important of u series OF suits for many |
years prosecuted by the Edison Com |
pany la order 20 establish Mr.. EdiSOn'S /
priority. The other suits, one Of sys- |
ten OF distribution of electric current |
for electric lighting, another on what |
is known as the three-wire or eco |
nOmiccl system Of circulating current, |
and a third, the subdivision Of the cur |
rent, arc ready for court and will DO ar
gued in the autumn"
The defence In the suit was based on
the opinion Of experts TO The effect that
the invention rs described In the claim
was not, in fact, anything essentially
original upon which tAe Inventor could
claim patent. The court pays It's re-
spects to these experts among whom are
President Henry Morton Of Stevens In
stitute. and Prof. Cross Of the Massa-
chusetts Institute OF Technology, In
that part Of the decision where 1t says
that Edison by his performance Of
the things mentioned in the claim
made a lamp which was practi-
cany operative and successful aud
but for which the subdivision OF the
electric light by incandeScence would
still be nothing but the igrts TdtltuS II
was proclaimed to be In 1879 by some
Of the learned experts who are now
witnesses 20 belittie his achievements
and show that il did not rise 10 the
dignity of an invention.
The officers OF the United States and
Westinghouse companies are unwilling
10 admit that the decision is OF great
moment TO them. An appeal Of the de-
cision will be taken at once, and will
come before the new Appellate Court
for patent cases, probably in October.
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