New-York tribune., 1909-09-16
SELDEN WINS BIG SUIT
HIS PATENTS UPHELD.
Judge HOugh Says They Couer
EUery Modern automobile.

A decision which will have a most important
hearing on the automobile industry, Was nance"
down by Judge HOugh. in the United states III
cult Court yesterday. sustaining the claim OF
George B. Selden. that his patents nave Deen i'
fringed by the makers OF the Ford ana fahuaiu
cars. The suits which the decision was paseu
have been pending for several years, ana were
brought by Mr. Selden and the Electric Vehicle
Company against the Ford Motor Company ano
c. A. Duerr g. Co., the o. J. GUIDE COMPANY 'oiin
wanamaker. the Societe Anonyme des Ahclehs
Establishments, Panhard Levassor. Andre Mas
senat and Henry A & Neuhauer All OF the
defendants are either manufacturers, importers,
sellers OF the two types OF cars Ihe Foro
Is automobile OF American make, ahd the ran
hard is a French product.
Judge Hough holds that Patent Claims 1, and
Of the complainant are infringed by the Ford
people. while ! and are infringed in cars oi me
Panhard make. Mr.. Selden contended that all
three OF the claims infinged in both types
OF automobile.
II is over claim No J. considered the most i'm
portant that the btterest fight in the long pending
litigation has been waged. This Is described as
follows:
The combination with a road locomotive, pro
N1ded with suitable running gear. including a pro,
peing wheel and steering mechanism. or a iiqula
comprising one more power cylinders. suita.
With Ss n6 aTranged to run faster than the prope
tng wheel an lIerpea1e GuISh bo5v or sdsnfe -
the conveyance Of persons or goods substantially
described
q
the Ford machine. Judge Hough points out that il
varies from No. only in requiring the suitable
carriage body TO be located above the engine.
The fifth claim sets forth substantially the same
combination. but describes specifically the engine
as comprising plurality of cylinders with pistons
arranged to act I'm succession during tho rotation
OF the power shaft
Judge Hough says in his opinion:
This statement of compliments position seems
sufficient 10 show that the subject matter Of these
suits Is the modern gasolene automobile. II these
= patent so Fundamental and farreaching as 10
cover every modern car driven by any form or
Rsir0sOm Ri. 'Sp0F' ana as ye' commercially success
This statement of Judge Heugh is looked upon
a signal victory for the Selden patent and will
have a far-reaching effect not only upon the Ford
and Panhard cars. hut all others using Easoene
motive power. As further tending 10 uphold the
contentious Of the owners of the Seden patent the
following closing remarks Of Judge Hough are of
special significance:
no litigation closely resembling these cases has
70 me of an idea being buried in the Patent Office
then embodied in a patent only useful for tribute
But patents are granted for inventions The in
no one else can use il for seventeen years. That
states SO degrees by its patent grant. That the
applicant for patent rights acquiesces in delay, or
long as the statute law is not violated on these
rriPoiples compliments are entitled to decree
clearly room for pioneer patent, and IL must now
Seldens is such patent This means that Selden
Is entitled 10 broad range Of equivalents, and
this rule applied here results in this crucial In
quiry Was Ssldel (or any else) entitled IN
1879 70 appropriate as one OF the elements of any
patentable combination a. liquid hydro carbon
engine OF the compression type'?'
The American manufacturers who viii not be
adversely affected by this decision the licensees
comprising the Association Of Licensed Automobile
Manufacturers, follows;
American Locomotive Company, Apperson Bros.
Automobile Company Autocar Company. Buick
Motor Company, Cadillac Motor Car Company,
Chalmers Detroit Motor Company. the Columbia
Motor Car Company. Corbin Motor Vehicle Cor
pOration, Elmore Manufacturing Company. Everitt-
Meizger-Flanders Company, II. IL Franklin Man
ufacturing Company. Haynes Automobile Company,
Hewitt Motor Company Hudson Motor Car Com
pany. Knox Automobile Company. LOcomobile
Company of America. LsoZer Motor Company,
MRthesOn Motor Car Company, Packard Motor Car
Company, Peerless Motor Car Company. the Pierce
Arrow Motor Car Company the Pope Manufactur-
ing Company Royal Tourist Car Company, Alden
Sampson, 2d. Selden Motor Vehicle Company. +. b
Stearns Company. 5teVens-Duryea Company.
StUdebaker Automobile Company, r. f. Thomas
Motor Company. Toledo Motor Company, Walter
Automobile Company. Waltham Manufacturing
Company, Winton Motor Carriage Company