The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1909-09-29


yesterday handed down a decision in
ths famous Selden automobile patent
coses. sustaining the Selden patents.
- against the Ford and the Pan
hard automobiles. The decision Is
% importance to the automobile
0Nde. inasmuch a. the Selden pa
tsata are so fundamental as to cover
What Judge Hough calls "every mod
err car driven by petroleum vapor
vapor as yet commercially success
eul"
The suit sithat Of George B. Sell
den and the Electric Vehicle Com
pany against the Ford Motor COM
pAny and c. A. Dusrl q Co., the o. J.
Dude Company. John Wanamaker.
ssne others. the societo Anonymedes
-Anciens Establishments Panhard &
Lsvassor. Andre Massenat, and Henry
and A. G. Neubauer. 1t has been
psndlng In the United States courts
fsr several years. and vast quantities
~ testimony have been taken.
The list of defendants was framed
20 as to include both manufactures
ana dealer. Judge Hough In his de-
o1uson recognized plainly the peculiar
oAaracter of the litigation and the
coasequences that flow from 1t. He
sAys. after discussing the particular
chains Of the litigants:
mo litigation closely resembling
OeDe cases has been shown to the
eourt. and no instance Is known to
- Of an Idea being buried in the
DaAent Office until the world caught
ap 90 IL and passed 1t. and then en-
eodsed In a patent only useful for
sxibnte- But patents are granted for
Inventions. The invntor may use his
a,spovery or he may not. but no one
s1ss can use It for II years.
Tho IL years begins whenever the
United States court may so decree by
~ p%tent grant. That the applicant
- R~e~s sabhsS oSHuioSSo iH thc uc-
~ car even desires delay is imma-
tsrt' 20 the courts. SO long as the
seatute law has not been violated.
The first claim Is regarded by
Judge Hough as the most important.
and ne holds that both of the defend
s1f companies have violated 1t. He
-dsscfzbes the claim as follows:
~1,he combination with road loco
IWseye. provided with a suitable run
snnr gear and including propell-
~ wheel and steering mechanism,
- a LIQUID hydrocarbon engine Of
- ~sss,n~ssed type. comprising one
- rnns~ power cylinders: a suitable
LnqAid fuel receptacle. a power shaft
eonnected with and arranged to run
Snsaer Than the propelling wheel. an
antsrmediate clutch or disconnecting
dsvics. and a suitable carriage body
~6nptei 60 the conveyance Of per-
sss or goods"
The other claims held to be violat-
- relate To particulars OF the con-
xexucticn generally outlined In claim
y There are five of them altogether
a.a the court holds against one or
a. other or both OF the defendants
N rospect to each one.
IN conclusion, Judge Hough sums
- ths bearing Of the case on the au-
eomobIle world outside the holders Of
ahs SAiden licenses as follows:
-1'hs statement of the complain
Asas' position seems sufficient to
zA~~ chat the subject-matter of these
suits ~ the modern gasoline automo-
AaSe- The defendants are severally
ehe manufacturer. selle- and user OF
the Ford machine Ga well-known
.Awerican makes. and the maker and
import of the Panhard, a ceiebrat-
- and typical French product. II
ahese defendants infringe. 1t Is be-
cAxxe the complainants own q patent
ID fundamental and far reaching as
- cover every modern car driven by
NY form of petroleum vapor and as
- commercially successful.
IF ! have correctly apprehended it.
whsre was room for a pioneer patent,
sDd u must be held that on its face
snd n view of the art Selden's was
sDrh patent. This means that Sell
~o<n Is entitled to a broad range Of
sVsi,xlents."
Judge Hough. in his opinion, also
Rehujses sharply the practice of law
yess In most cases In taking great
Ans<s Of testimony. and cites the
<esden patent cases as notorious Of
RENDERS in this respect. In those par