New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1909-08-20
WRIGHTS BRING SUIT
SAY CURTISS INFRINGED
4EROPL4NE PATENT.
WOuld Enjoin 4erOnautic Society
and Stop Flights of c. +.
Willard, His Pupil.

The damaging possibilities Of aerial combat
from the point OF view OF the on the ground
have been frequently discussed OF late The am
munition for a fight between the leading aerial
lists Of the United States was deposited IN this
city yesterday. but the conflict promises TO be Of
a kind that viii permit the unskied in flying
TO see all the action free from any necessity Of
running to cover.
Wilbur and Orville Wright have begun an
action in the United States Circuit Court in this
city against the Aeronautic Society % New
York charging IT with "confederating 70 deprive
them Of their patent rights" As Wilbur Wright
said the other day:
we do not intend 10 let the work OF fifteen
years or so be taken from US without a fight.
II has meant lot 10 US Machines are hy1ng
that have been hlled with features covered BY
our patents We would have nothing to say IL
those features were removed. At the same time
We doubt whether The ma hines in that case
would fly"
II the wrights are successful Il will stop the
flying Of Glenn II Curtss. OF Hammondsport.
" y. AZ present entered by the Aero Club Of
America in the international aviation races at
Rheims. France The Aeronautic Society pur-
chased from Mr.. Curtiss the aeroplane In which
he few at Morris Park in June and az Mineola
last month. An admission fee charged.
The society has since been preparing c F. VII
lard 10 make fights throughout the country, the
receipts to 20 10 the experimental fund.
Several men of this city. among them being
Cortlandt Field Bishop. president Of the Aero
Club Of America have also formed the Herring
Curtiss Manufacturing Company with capital
OF 600. 20 go into the making OF aeroplanes
as business.
WHAT wRIGHTS ALLEGE.
Curtiss machine infrnges their patent Of May %
1905 Among other acts Of infringement men
toned these:
The purpose 81 promoting aerial flying procured
the Herring Curtiss Company and one Glenn II.
Curtiss personally, both Of Hammondsport. y.
Y 10 make the flying machines herein COM
plained OF and deliver them 10 the defendant
under whose auspices the said Glenn II. Curtiss
IS giving public exhibition flights with the said
infringing flying machines within the jurisdic-
ton OF this court that the defendant has pur-
chased such machines from one or both OF said
parties and has charged the public for admis-
sion 70 said exhibition flights. receiving large
sums in gate. or ticket money.
The wrights add that the public generally and
the United States government In particular have
acknowledged the validity of their patents by
the purchase OF one Of their flying machines
with right 10 use the same for national pur-
poses" and that also foreign sovereignties have
A
proposed exhibitions by the Aeronautic Society
the complaint says:
Unless stopped they will precede your orators
a. points over the country until public interest
in this radical novelty shall have been satisfied
and what is now invention and machine
whose fame has gone before II will have become
a known and seen thing destroying public in
terest in exhibition flights
They ask that permanent injunction be is
sued 10 restrain acts aforesaid. They also want
an accounting Of the money made by such ex-
bibitions. and demand that all machinery. flying
machines and parts thereof made in accordance
with their PATENTS be delivered for destruction
BuRRIDGE GLAD OF SUIT
The Aeronautic Society has until October 10
answer the subpoena and until November | 10
file answer in the suit. Lee : Burridge the
president says he is glad the matter is 10 be
tbrashed out in the courts According to Mr.
Burridge. the society is protected by Mr. Cur
,iss's written agreement TO ray the expense Of a
lawsuit. He thinks the organization cannot be
| prevented from doing with its purchased aero
plane what II pleases
A NJ Herring. OF the Herring Curtiss Com
| pany. said he was surprised when told OF the
Wright brothers suit. He said:
.If they have brought suit. l don't know
ANYTHING about it. They haven't anything to
take action on anyhow. They only running
their noses into damage suit.
when Wilbur Wrights remark that he and
| Orviue would not permit the work OF years to
| go from them peacefully was quoted Mr. Her.
| ring said:
How about work that has taken me twenty
years before they started?
A meeting of the Aeronautic Society was held
rasr nirnt al the rooms of the Automobre
! C,Iuh OF America. Broadway and saith street
President Burridge issued statement In which
| he said the suit brought by the Wright brothers
Continued on second page