Evening star. [volume] (Washington, D.C.) 1854-1972, 1896-08-31
THE rHoNoGRAPH INJUNCTION SUIT.
A Decision Rendered In Favor of the
GrnphOnhOne COmnanY.


GraphOphone Company.
In the suit Of the American Graphophone
Company against John r. Hardin, receiver
of the North American Photograph Com
pany, for infringement of patents in the
manufacture and sale of the so-called Edi-
son photograph, and for injunction, dam
ages, accounting, ETC., decree in FAVOR
of the American Graphophone Company
has been entered in the United States cir
cult court for the district of New Jersey,
by the consent Of the defendant, who also
pays the American Graphophone Company
substantial cash sum in settlement OF
damages. Messls. Pollok and Mauro OF
Washington, d. c., represented the COM
plainant, and MeSsrs. Dyer and Driscoil,
the attorneys of Thomas A. Edison, repre-
sented the defendant.
The North American -Phonograph Com
pany was organized in 1888 for the purpose
OF introducing the graphophone and the
monograph. 1t obtained title to the graph
ophone through Jesse H. Lippincott, the
sole hcensee of the American Graphophone
Company, and II purchased the so-called
Edison photograph. This was not the
original tin-foil indenting monograph, but
talking machine which engraved its rec
ord on solid resisting material, following
the method of the graphophone. The Amer
lean Graphophone Company, the owner of
the fundamental patents licensed the So
called improved Edison photograph during
its early career, receiving therefor $40 for
each instrument, and an agreed sum for
blank cylinders, musical records, etc.
Thereupon local companies were organized
throughout the United States by the North
American Photograph Company, and at
least $4,000 600 invested in the enterprise.
Owing to the fact that the sale of stock
was given prominence and little attention
paid to the legitimate business, the North
American Photograph Company never
reached a sound business footing and after
he foi Of Tivnin re a.
dent, became embarrassed and ceased tc
pay royalties. although it continued, with
Thomas A. Edison as president. to attempt
for time to market the Edison phono-
graph. The American Graphophone Com
pany brought suit for infringement, in
junction. etc. A decree was obtained by
default in the Supreme Court Of the Dis
trict of Columbia, and soon thereafter the
North American Phonograph Company
went into the hands of the receiver, who
was thereupon sued also. In the case now
settled, a defense was entered by the re-
ceiver, under the belief that all the mate
rial he had handled had paid the proper
royalty to the American Graphophone Com
pany; but when he ascertained that such
was not the case, he consented to the de-
cree of injunction.
This case is interesting to the public in
view of the widespread belief that Thomas
A. Edison is the inventor of the CONNER
Cial talking machine Of today. Such Is not
the case. He was the inventor of the tin
foil monograph, which lacked three essen
tial features of the graphophone. a perfect
record, a permanent record and a record
which can be detached from the machine
and used at any other point and at any dis
tance of time. 1t remained for Alexander
Graham Bell. Chichester Bell and Charles
Sumner fainter to discover after loug ex-
pertinent and research in the Volta Labo-
ratory. in Washington, d. c.. the principle
OF sound record making and reproducing,
as set forth In the graphophone patents.
which. in the present suit. are again vim
dtcated. In part payment OF the expense
Incident to the experimental work in the
grapnophone Alexander Graham Bell do
mated the Volta prize of $4,000 given to
him for the invention Of the telephone.