Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-12-16
EDISON IS A WINNER
In His Suits Against Other COmpa-
uies That Are Now Using
ALL THE INCANDESCENT LAMPS
Infringers Must Come to Terms With the
Owners of the Patent,
BUT THEY MUST HAVE PROPER PRICES

| ESPECIAL TELEGRAM TO THE DIsPATCH.I
NEW York, Dec 15-There was handed
down in the United States Circuit Court of
| Appeals to-day decision in the suit of the
Edison Electric Light Company and the
Edison General Electric Company, appel
lees, against the Sswyer-Mann Electric
Company, appellant, sustaining the iniunc-
tion obtained by the plaintiffs restraining
the defendant from making, using or vend-
ing the lncandescent lamps of the patent
granted to Thomas A. Edison January q,
1880, and now owned by the plaintiffs. The
decision says, however:
The injunction order appealed from should
be modified so as to cover only lamps made
in infringement of the second claim or the
patent, the other claims, not having been
in ringed, according to the adjudication of
the Circuit Court or of this court. 1t should
also contain a provision reserv1ng the right
to the defendant to move hereafter for the
vacation suspension or modification OF the
injunction upon proof of specif1c instances
OF refusal on the part OF the complainants or
either OF them to supply the lamps o. the
patent upon terms reasonable, under the
circumstances of the particular case, to the
owners OF eleetric-lighting plants when
were installed before the rendition of the
| interlocutory decree of the Circuit Court
sustaining the validity of the patent
Rights of Competing Manufacturers.
As to competing manufacturers the court
says that they took their risks in manufac-
turing while the patent was in dispute. II,
in consequence their investments in other
electrical apparatus will be greatly depre-
ciated, they must take the consequences.
The users who have supplied themselves
with electric lighting plants from the in
fringers which required for their operation
lamps of the patent are of course iutringers.
But those who did so before the decision of
the Circuit Court sustaining the patents,
and at a time when judicial decisions in
foreign countries interpreting the patent
were in conflict, and who are now willing
to accept their lamps from the complainants
upon reasonable terms, have much stronger
equities than the manufacturers and in
tringers.
These equities the court will not disre-
gard, but what would be reasonable terms
if an application were made to the court on
behalf of these users is a question which
can only be determined in each case upon
its particular circumstances. AS to those
users, however, who have acquired these
plants subject to the decision of the Cir
cult Court, if they are deprived of the use
of the lamps, and as a consequence the
value of their plants may be greatly i'm
paired, they must accept the results as a
consequence of their own imprudence.
How 1t Affects the West.
A special from ST. Louis says: The decis-
ion affecting parties making or using the
Edison incandescent electric lamp, handed
| down to-day by the New York Court of APP
peals, and restraining the Sawyer-Mann
people from making, selling or using the
incsndescent lamp, affects st. LOUIS mate
rally. 1t is regarded as the forerunner of
a series of suits and injunctions. The West
inghouse people have been making and
selling lamps under the Sawyer
Mann patents, so that of all the in
candescent lamps used a great many of
them are brought under the ban. 1t has
been understood here for some time that if
the injunction prayed for in New York was
granted, proceedings would be Immediately
brought here against individual electric
light companies. The latter will be COM
| PEELED to change to the Edison. OF the St.
Louis companies the Missouri uses the
| Westinghouse, and the Municipal and
| Laclede the Thomson-Houston, which is
virtually the Edison, as all of the electric
companies are consolidated under the name
of the General Electric Company, except
| the WESTINGHOUSE