The Washington times., 1902-06-28
Suit Entered Against the
Washington Trsc-
ZION Company.
TROLLEY PATENT AT ISSUE
Alleged Wrongful Use Of Invention
Cause for Action at jhe Bar-Liti-
CATION New Pending il Western
States.

\ petition for an injunction was fled
yesterday in the supreme Court Of the
District by Nj Benton Bidwell and
Clara Bilwen, of Illinois and Charles
2. BidweIl. Of Ohio, in which they asi.
,hat the Washington Traction aud
lsiectrlc Company be restrained from
making and selling certain Inventions
covered by patents which they allege
they own The complaint alleges
that Benson BidYel before ana az
the time Of his application cor Ger
tain letters patent, an september +
1855, was the inventor Of useful inven-
lions. 1aethods and devices Tor Dr7peI-
ling and operating ears by electricity;
that said inventions were not known or
patented OF described in any printed
publication in this or any other coantry
before his invention, nor were they
known or en- gale in this country for two
years prior 20 his application for letters
patent.
The ocmplainants show that on Sep
ternber ;. 1892, letters patent No 5G4,549
we're delivered to Benson Bidwell, under
the seal OF the Patent Office OF the
United States. granting hir, his heirs
or assigns the exclusive right to make,
use and sell the inventions throughout
the United States and Territories for
the full tenn of seventeen years.
Trarsference Of Rights,
The complaints further show that BY
assignments. all the rights SO granted
to Benson Bidweu have been transferred
to them. also al! rights Of action for in
fringing the patents. 1t is further al
legged that no specimens of the inven-
tions have been made and placed upon
The market by any person having law
full right to do so, but the complainaats
have been prevented from making the
inventions and placing them on the
market by the defendant and other in
fringers.
The complainauts allege that in 1888,
and after the date OF the patent. and
up to the time of the commencement of
this suit. the defendant did wrong
fully and uhlawfuuy make and use the
invention. with intent to deprive the
complainants Of the royalties which
they might and otherwise would have
received from The sale. Of rights to
make and use the Inventions and with
the intent Of deriving profit from the
use of the inventions 50 covered by the
letters patent, and without the license
OF the complainants. and still persists
IN so doing. and tbs Gafaadant has de-
rived large profits and the complain
ants have ineGrred lfrse damages
Ask for an Injunction.
The complainant- say that unless the
defendant is restrs. -ed by a writ of in
junction issued by the sunreme Court
of the District CT Columbia, it viii con
tinue to make. use, snd sell numbers CT
specimens of the invention, and cause
injury to their rights.
They ask the granting Of pTelim-
mary and also & permanent writ CT in
junction. directed to the Washington
Traction and Electric Company enioin-
ing it net TO make. or use, or sell. or
cause to be made. used. or sold, any ap-
naratus or device cor taining CT employ
ing the invention covered aad secured
by the letters patent. ard thar the de-
fendant. by decree Of tha court, Ilay
be compelled to account for and pay
over to the comolainanrs all the profits
which the defendant has derived. or
shall have derived, and also that the
defendant be decreed 20 pay all the
damages which shall have incurred, on
account Of the defsaddnts infringe
ment: also to pay the costs Of the suit.
The complainants ask that writ OF
subpoena be directed TO the Washington
Traction and Electric Company. COM
rnanding it to appear before the court.
Filler of the Complaint.
The complaint was fled By Charles
f. Bidwell. Of Toledo. Ohio, who is bust
ness manager Of the patent litigation.
To reporter yesterday he stated
that the patent is for the successful and
commercial operation Of conduit electric
railway systems as operated here in
washington, and also in New York city.
my father" said Mr.. Bidwell.
"cIaims to be the inventor OF tile trolley
and conduit systems OF electric railways
wherein cars are operated lighted. and
heated by one current. His home Is in
Chicago My father first operated ears
by these systems in Philadelphia and