New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-09-23
PHONOGRAPH LITIGATION
LEGAL BATTLE BEFORE JUDGE ,prr,,
AT TRENTON.
VALIDITY OF PATENTS IN DISPUTE prrwv-..
THE BELL AND EDISON rNTEREsrs-rHE DE-

HE BELL AND EDISON 1NTERESTS-TUE
vELOPMENT OF ND.REcoRpIYe
An extensive and important litigation on the phon.
graph. which has been pending for a number ~
years. came TO he lring last week before Judys
Green, sitting In the United States Circuit Court =,
Trenton. The hearing through the sticceedjr.
day. Wednesday. and for twelve long hours Judrs
Green listened patiently to the hurrylng word. =,
counsel, who were trying to crowd mass OF a.,.u
to facts which would have required week for ,un
discussion into few hours There were two sul,.
the American Graphophone Company Wash,nxto.
rporation. being the plaintiff In both The Ed,so.
Photograph Works was the defendant in one cas-.
and the United States Photograph Company IN m.
other. The counsel in the case Richard N
Dyer and Samue. o. Edmonds. Of Nsw-York ana
Howard w. Hayes. OF Newark. who appeared for N.
defendants. and Philip Mauro OF Washington uh,
argued the for the compalnants The suits IN
both cases brought on two patents dated Ma,
T. 188G-one issued TO Chichester a. Bell and SUNNI,
fainter and the other to Mr. Fainter for what /, nov
known as the graphophone-and the claims which
were involved cover the method Of engraving the
record OF the sound waves In cylinder other tab
let OF waxke composition.
THE GRAPHOPHONE
The graphophone was introduced TO the public IA
Washington In 1856. and brought on, by the,s
two patentees. the first Of whom brother Of Alex
ander Graham Bel. the inventor OF the telephone
After the graphophone was brought out. Mr. Edison
who had excited the wonder OF the world in 1873 with
his original photograph. brought an improved
photograph. which was put upon the market. The
apparently conflicting interests thus produced were
afterward combined by Jesse n. Lpplncou Of New.
York. who paid large sums Of money 70 the parties
controlling the TWO sers OF patents. and organized
number of companies grand scale 10 introduce
both the graphophone and the photograph 10 the pub
lie Lippnco,t subsequently failed and died. and
complicated tangle OF litigation resulted. which was
partially cleared up within year by the combination
OF all Of the photographic interests Nj Edlsons
hands he buying in the various bankrup; companies
which Lippncot left behind him. The Graphophons
Company claiming that failure OF Lippinco,t left
their patents to revert 10 them free and clear OF any
obligation. brought suit against the Edison Phono-
graph Works and against various u the sub-com-
panies. Of which the United States Photograph Com
pany of New-Jersey was one.
The photograph company. under the manage
ment Of Edward ID. Easton. Of Washington Ito
president for a.number Of years has been prose-
cutting alleged infringements Of it's patents. and
the Edison interests. backed and controlled BY
that indomitable inventor. have been as vigorously
defending themselves from all assaults. and tho
first grand battle, succeeding numerous smaller
skirmishes came off at Trenton last week, and the
decision is now in Judge Green's hands.
The plaintiffs case presented by Mr. Mauro.
briefly stated is that Mr. Edison's work in tho
original photograph was all in the line OF indent-
ing record tinfoil, and was merely useful for
exhibition purposes and had no practical utility
that Messrs Bell and fainter working In the
Volta laboratory at Washington, discovered per-
fected method Of forming a record by cutting a.
distinguished from indentng, a groove In a wax
like substance which should correspond 10 the
sound waves; that this invention. resulting In the
graphophone was practical and useful one inc
foundation of the present photograph art and that
the patentees are entitled. broadly TO a monopoly
of all the methods Of sound recording which con
sist in engra wing cutting the record In ma
teral OF waxke or amorphous nature. He main
tanned that all rights granted TO Mr. Lippincot{
terminated at his death, being in the nature OF
personal licenses and that the graphophone COM
pany could sustain its patents against the world
EDIsoNs MARVELLOUS WORK.
Mr. Dyer who is Edison's personal counsel and
has fought nearly all OF that famous inventors
patents which have been sustained in the last
ten years. presented the defendants side OF the
case In a decidedly different light He eloquenty
set the origin and development Of the practical
photograph by Mr. Edison. beginning with his
widely known work in 1878. and dwelt at length
on the numerous important improvements in the
art which Mr. Edison had brought since 1850
which, az he said, constituted all that was really
valuable in the photograph Of to-day as well as
graphophone Of Messrs Bell and fainter a
commercial failure. and that If nothing more had
ten that the waxlike compositions Of the graphic
phone were utterly worthless and that the pres
ent Edison cylinder Of mineral soap was the I'M
portant and necessary thing. He quoted from the
testimony to show that Edison and others used
the cutting engraving method or making SOUND
records long before the Bell and fainter invention
and pointed out to the Court many details OF con-
struction which necessary for success. ana
which were Mr.. Edisons invention. embodied IN
the present instruments. He alleged mat the
graphophone OF to-day. far as 1t was a sue
cess owed It to the Edison inventions winch the
Craphophone Company had adopted.
A second point of the defence ably argued by
Mr. Hayes who took up the question OF the con-
tracts between the graphophone company MI
I.ippincott and Mr.. LIpplncotts various companies
and the Edison Photograph Works. ana urged upon
the court the view that these contracts, with the
OF the parties. constituted license by estoppei
that is that the graphophone company. in per-
hitting Mr. I.ppincott TO make the contracts when
other companies had allowed and Induced the Ed-
son Works TO make large investments with me
understanding that they were TO be permitted 10
manufacture and consequently that the grapho,,
phone company now estopped IN equity anu
good conscience from attempting 10 ruin the DUST
ness Of the monograph works and the sub-com-
panies by trying get Injunction against them
under its patents He cited the action or the nited
States Circuit Court In NewEngland. which.
through Judge Carpenter. had rendered decision
for the New England Photograph company 70 tnis
effect upon substantially the same state OF iacts
The courtroom filled with specimens ana nou-
els OF monographs and graphophones Deslhins
with one ponderous affair OF Edisons early con.
struction and ending with specimen OF MS latest
improved photograph