Bisbee daily review., 1909-12-05
WR|GHTs PREPARE
TO MAKE LEGAL FIGHT
MAKE APPLICATION FOR ORDER
TO REsTAiN CURTIS FROM
USING AERoPLANE.

BUFFALO, N. Y. Dec. IA legal
fight that will cause stir In the
aeronautical world will have its first
airing in court here tomorrow. when
Judge Hazel of the United States Dts
| trict Court viii hear arguments oa
the application of Wilbur and Orville
Wright for a preliminary injunction
restraining Glenn H. Curtiss and the
Herring Curtiss company of Ham
mondsport, N. Y, from making, using
or selling the so-called Curtiss aero
plane, and particularly restraining the
defendants from conducting public ex-
hibitions and flights of such ma
chimes.
The outcome of the contest will be
watched eagerly by persons interest
ed In aeronautics, both in America
and in Europe
The gist of the claim made By the
Wrights is that the new Herring-Cur-
tiss aeroplane, which was built for
the Aeronautic Society, contains sew
eral infringements of the Wright pat
ents, which are registered at wash
ington and in practically every ciyiliz-
ed country. The main infringement,
it is alleged, lies in the use Of the
flexible wing tips which give stabiI-
| ity to the aeroplane. particularly
when gliding or making turns
Should the Wrights be successful
in the federal courts and procure the
injunction they ask for they viii have
almost worldwide monopoly of aero-
plane construction at dts present
stage, for there is hardly a heavier
than-air flying machine of any conse-
quence which does not use the fiex-
ible wing tip in one form or another.
Even the Bleriot machine in which
the F-oGch aviator crossed the Eng
! lish channel last summer, though
lEcIoplane, and thus essentially diff
fcront in its construction from the
Wright flyer. has flexible tips at the
extremity Of its wings or planes and
would be practically useless without
! them.
| The Wrights have advanced their
claims informally when comparing
their machine with others, but this
is the first overt step they have tax
en- to establish their sole right to use
the flexible tips. Other aeronautical
engineers have decried the idea that
the Wright patents gave them the
sole right to use this device, and have
stated that long before the Wrights
did any work in the invention of fly
ing machines Hiram Maxim, Chanute
and others had devised the flexible
tip idea and had adapted it In one
form or another to aeroplane con-
struction.
The complaint Of the Wrights is
very specific, and reads:
That the defendant. alleging to be
formed for the purpose of promoting
! aerial flying, procured the Herring
Curtiss company and one Glenn H.
! Curtiss, personally. both of Ham
mondsport, N Y, to make the flying
machines herein complained of, and
deliver them to the defendant 1.-THE
Aeronautic Society, under whose aus
: pieces the said Glenn H. Curtiss is
giving public exhibition flights with
/ the said infringing flying machines
within the jurisdiction of this court"
The Wright flying machine factory
ct Dayton, Ohio, the brothers alIege,
/ is suffering financially from the in
. frilgement of these patents, and the
/ brothers ask that when their losses
have been estimated they be awarded
three times the amount compensatory
and punitive damages.