Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-06-27
THE PHONOGRAPH PATENTS.
The GrnphophOne Company Wins Its
Suit Against Edison.

Suit Against Edison.
In the United States circuit court for the
district Of New Jersey, Judge Acheson has
just handed down a decision of interest to
every user of the Edison photograph, in
the celebrated case of the American Graph
opLone Company of Washington, d. c., VS..
Thomas A. Edison, and the Edison phono-
graph works, in which the court finds for
the graphophone company on every point
This case was argued and submitted in
April last, by MIR. Philip Mauro of Wash
irgton. for the graphophone company, and
Mr.. Richard n. Dyer of New York, for
Edison. The graphophone company, claim
Ing to own the fundamental patents, cover
Ing all practical talking machines, and all
perfect sound records, sued Edison, and all
the principal dealers In the Edison phono-
graph, alleging infringement of patents,
ard asking for an injunction, accounting,
etc. Edison claimed that the manufacture
of his monograph was lawful, and that he
was licensed to do SO under the graphic.
phone patents. by virtue of an agreement
between the American Graphophone Com
pany and Jesse H. Lippincott, who was its
sole licensee, but who afterward became
bankrupt, and then died. The graphophone
company responded that Lippincott's license
was personal, and not assignable, that 1t
had expired because of Lippncott's default
and that EdiSon's use of the graphophone
patents on his monograph was illegal; and
Other suits involving the same question,
are pending in Massachusetts, Ohio, I'LL
nois Pennsylvania, New York and Kansas
against dealers in the monograph; but the
cese just decided Is the principal suit. The
effect Of the decision Is to secure to the
American Graphophone Company a COM
plete monopoly OF the talking machine
business.
Mr.. Edward D. Easton, president of the
American Graphophone Company, said to-
day:
Edison. as is well known, invented the
tin-foil monograph. which was merely a
The patents of Alexander Graham Bell,
Chichester Bell and Sumner fainter, COW
ering the graphophone. and owned by the
American Graphophone Company, created
the talking machine art as 1t Is known to-
day. They gave to the world three essen
tial features, all of which were new: A
perfect sound record a permanent record
and a record readily detachable from the
machine on which 1t was made. The So
called Edison monograph of today is really
a graphophone, as 1t employs the graphic
phone method of making and reproducing
the record. The improved photograph was
first sold through Jesse H. Lippincott,
president Of the North American Phono-
graph Company, who was authorized by the
American Graphophorfe Company to do so,
on condition that he pay the graphophone
There was no litigation while his agreement
vas in force; but be became bankrupt, and
failed to keep up his payments; and after
ward died. Then Edison began to put out
photographs without our authority We
filed our suits for infringement of patents.
He at first attacked the validity of our
patents, but seeing the Inconsistency of this
position, inasmuch as all Of his phono-
with Lippincott. paid US tribute, he inter-
posed, instead, the defense that he was
licensed by us, through Lppincott. This Is
the plea Judge Achescn has just overruled."