The Calumet news. [volume] (Calumet, Mich.) 1907-1938, 1909-12-03
A|RSHIP SUIT
UP TOMORROW
The Wright Bros Case Against
Glenn H. Curtiss to be Tried
in Buffalo.
OUTCOME WILL Be IMPORTANT
Claim Made BY Dayton, o., Inventors
Is That Curtiss Machine Has
Several infringements of
Their Patents.

Buffalo, n. Y, Dec. ga legal fight
that will cause a stir in the aeronauti-
cal world will have its first airing In
court here tomorrow, when Judge Ha-
Zel of the United States District Court
will hear arguments on the application
of Wilbur and Orvile Wright for a
preliminary injunction restraining
Glenn II. Curtiss and the Herring
Curtiss Company of Hammondsport, N.
Y, from making. using or selling the
so-called Curtiss aeroplane, and par
tcularly restraining the defendants
from conducting public exhibitions and
flights OF such machines.
The outcome OF the contest will be
watched eagerly by persons interested
in aeronautics, both in America and In
Europe.
The gist of the claim made by the
Wrghts is that the new Herring Cur
tiss aeroplane which was built for the
Aeronautic Society, contains several
infringements of the Wright patents.
which are registered at Washington
and i'm practically every civilized
country. The main infringement, 1t
is alleged, lies in the use of the flex-
ible wing tips which give stability to
the aeroplane, particularly when glid-
ing or making turns.
Should the Wrights be successful In
the federal courts and procure the
injunction they ask for they will have
almost a worldwide monopo ly of
aeroplane construction at its present
stage, for there is hardly heavier
than-air flying machine of any conse-
quence which does not use the flex-
BILE wing tip in one form or another
Even the Bleriot machine in which the
French aviator crossed the English
channel last summer, though a mono
plane, and thus essentially different 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 taken to
establish their sole right to use the
flexible tips other aeronautical en-
gineers have decricd the idea that the
Wright patents gave them the sole
right to use this device, and have stat
ed that long before the Wrights did
any work i'm the invention of flying
machines Hiram Maxim. Chanute and
others had devised the flexible tip idea
and had adapted il in one form or
another to aeroplane construction.
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 II
Curtiss, personally, both of Ham
mondsport, N. Y, to make the flying
machines herein complained of and
deliver them to the defendan, CThe
Aeronautlc Society. under Whose aus
pices the said Glenn ii. Curtiss Is Civ
ing public exhibition flights with the
said infringing flying machines with
In the jurisdiction of this court"
The Wright flying machine factory at
suffering financially from the infringe
ment of these patents, and the broth
ors ask that when their losses have
been estimated they be awarded three
times the amount compensatory and
punitive damages.