The sun., 1910-06-15
NAY FLY DESPITE WUIGHHS
CIRCUIT COURT SETS ASIDE
ATIATORS INJUNCTION.

The United States Circuit Court Of
Appeals yesterday vacated the temporary
injunction secured by the Wright Company
restraining Glenn n. C'Irtiss from making
exhibition flights until hs had flod a
bond Tor tlO.OOO The bond was 70 recon-
pense tho Wights for any violation OF
their Tying machine patents In case the
Federal suit for infringement should
eventually be decided in their favor
Curtiss fled the $4,000 bond and has
therefore bsen enabled 10 make several
exhibitions.
Ths Wright Company sued the Herring.
Curtiss company of Hammondsport. n. Y.
IN the United states Circuit Court In
Buffalo, y. Y, for infringement Of their
patent Tor combination steering and
balancing apparatus Judge Hazel NJ
that court held that the Herring -Curtiss
machine might BE- an infringement and
granted a temporary Injunction pending
final disposition Of the suit
some weeks later the Wright Company
brought similar suit IN the Circuit
Court here against LOUIS Paulhan. the
French aviator. and Judge Hand also
issued temporary injunction. Both cases
were taken on appeal to the Circuit Court
Of Appeals.
The decision rendered yesterday makes
the same disposition Of both cases. The
facts IN each case are practically the same.
the first adjudication OF tho Wright pat
ent being IN the original motion for an
Injunction before Judge Hazel In Buffalo
The Circuit Court Of Appeals says:
There 10 no dispute. says the higher court,
a. 90 the proposition that the question
whether or not there has been infringement
OF this patent however broadly it may Be
construct depends upon the question
whether or not In defendants machine =
tendency ~ spin or swerve Ia checked or
coun teracted BY the operation OF the vetri-
cal rudder That ofcourse on he Theoretical
and its practical side 10 a question OF factl
The record before Us contains numerous
aiiidavtts which were not presented until
after ori iginal decision and which, as both
sides state we're admitted upon motion for
rehearing without discussion Of their con
tents b. the court. but for the purpose
Of bringing the case more fully before the
Court Of Appeals.
In this record. upon the question of fact
above stated, there h a sharp conflict OF
evidence numerous afiants teatifving
AT their statements are ex paTte afidsvits
made without anv opportunity TO test their
probative force bv cross-examinatiOn
Under such circumstance II seems to 10.
irrespective of any Of the other questions
In the case, that infrinFement vas not ~
clearly established a. 20 Justify a prelimin-
ary iniunction
The order r. reversed. WITH costs
Mr. Curtiss Is a. the Hotel Astor
Tie and his counsel. Emerson r Newell.
were elated over the victory which.
temporarily az least. opens up the whole
field Of flying 20 all asnirants 10 aeronauti-
cal honors. Nj Curtiss said last night
While 'h- motion tor an Injunction has
been uudsrtded by tho courts fayc 70
Trained from disrussu- ts yarious phases
a. much a- possible. bHt a. no time have
any douUt ar % Nhat the final decisiou
ooull nr ln fact. the original decisiOu wa
prohahiy due t1 thIs confidence on my natt
20 RI large cytrut a. well a. ~ the fact that
the motion vas brought while I gas Hytng
81 Reims and my side Of the case had -
rect on my Unsupported testimony regard
nc the operation OF mv machine IN the
evidence admitted by Judge Hazel on tle
motion Tor rehsaring my previous if-
dsy'ts were fully sub-tantiated by others
vho had successfully novn my machine
Every one who has ever operated a
tur'is- machine deriarc- hal there J,
never any sueryng oo'asi0urd by the
movement ot the aieron-. which was the
prinrinai contention made Nv the Wrights
no claimed that t became necessary for
an operator Of my machine to Use the
sf0sring rudder In order 20 oyerCome th,
alleged turning tendency According 10
no" claims oi The WrRh's. the movement
of the wtng tiD- ui their aeropians FOR
balancing oau-e- the machine TO suerye
from ~ course Then. according 10 their
statements uhirh are true A. 20 their
machine. o. become necessary 10 turn the
ruddrr 10 tho side unering the least rezis.
ian'e. ~ - 10 bring the machine back 10 tfs
course or 10 h0id b. there he steering ol
their machine p done IN practically the
-am" manner. accordinr 10 Their claims
ln my machine the balancing operation
u entirely divorced from the steering opera-
ton. IN balancing one aileron IL raised
% the same degree that the other j. pulled
downward. the resistance on each side
Of the machine remiining the same The
rudder ls never brought into play Tor any
purpose except 10 guide The machine. Just
a. the rudder OF a boat is used Incidentally
the ruddcr b turned 20 the side opposite
20 that which the Wrights have maintained
h N necessary for 10 70 be turned Il has
been case of theory and suppositiOn
pitted against facts and the facts have been
In our favor. II the Wrights had ever oper.
ated my machine they could never have
made the ,laims that they did
The decision will not affect Curtisss .
plans for the future Tie goes 20 Louis
vide. Ky. the end Of the week. where he
will give an exhibition flight
There couldn't have been any different
outcome, in my mind he said. The only
thing that IL absolutely new in the Wright
nate1t Il the metbod al a,tto,nsti,,sfl,,
turning a rudder when the wings are
warped toward the side Of least resistance
10 prevent the machine from turning
round
rs Il true that you first learned how
To fiy from the Wright brothers?" Mr.
Curtiss was asked
NO We had built at HammondapoTt
four machines before the Wnghts made
any public fights Their flights before
that wers all IN secret. therefore how
could We know anything about themg
I he Wright brothers we're the first 90 ~,
but their experiments were IN secret
and therefore non-eKistent 10 far ~ We
were concerned ! am frank 10 say.
though. that the Wrights are entitled
70 a good patent on their machine. but
deny that any parts Of our machine
ara iufringements Of theirs
those vers@d in the aviation situation
AZ present are confident that Yesterdays
decision will deprive the Wright brothers
Of the control q the international meet.