The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1911-01-10
MANU- AC TURE RS
WIN IN SELDEN
PATENT SUIT
Court Decision Victory for In
dependent Makers
OTTO ENGINE IS upHEL
lnjunctions Against Ford, Panhard,
Levasser and Other Companions
Must Be Dismissed

New York, Jan. l0.--The socalled
independent automobile Eanufactur-
ers won a sweeping victory yesterday
in the United States circuit court OF
appeals at New York with reversal
Of the decree OF Judge Hough in the
circuit court wherein The Selden pat
ent was upheld. The higher courts
ruling declares that the defendants,
neither legally nor morally owed
anything TO the patentee and holds
that the improved Otto engine used
by the defendants in motor vehicle
construction, is the equivalent of the
Selden engine, but that its use is not
an infringement of the Selden patent
Accordingly, Judge Hough's iniunc-
tions against the Ford motor company
Panhard and Levasser and others, res
training them from using the Otto
engine on the ground of infringement,
must be dismissed by the lower court
to which the causes were remanded
with such instruction.
The opinion of the circuit court of
appeals, written by Judge Noyes says
In part, while the conclusion OF non
infringement which we have reached
caves the patentee empty handed
with respect to the patent for the
short time it has to run, II cannot be
regarded as depriying him through
any technically of the first reward
of his labors. He undoubtedly APP
preciated the possibilities of the mo-
| tor. vehicle at a time when his ideas
were regarded as chimerical. Had
he been able TO see far enough, he
might have taken out a patent as far
reaching as the circuit court held this
one was The Brayton engine was
| the leading engine at the time and his
attention was naturally drawn to its
supposed advantages. He chose that
type. In the light of events, we can
see that had he appreciated the super
iority of the Otto engine and adapted
that type for his combination, his pat
ent would cover the modern automo-
bile. He did not do so. He made the
wrong choice and we cannot by plac-
ing any forced construction upon the
patent or by straining the doctrine oil
equivalents, make another choice for
him at the expense of these defen'
dants who neither legally nor morally
owe him anything
The Selden patent seeks TO control
the manufacture Of virtually all gaso
lime automobiles In America. Many
OF the manufacturing companies hold
licenses under that patent; but there
are many others which operated In
dependently and in defiance OF the
patent The licensed companies were
formed into the association OF licens
ed automobile manufacturers, which
excluded the independent companies
from its undertakings such as auto
mobile shows and the like, and eXten
siye legal complications we're precip
itated. Under yesterdays ruling The
grounds of contest between the licen
sed and unlicensed dealers Is remoy
ed unless the scope Of the Selden pat
ent Is changed by subsequent rulinl
Of the United States supreme court
Representatives Of the association
OF licensed automobile manufacturer
announced at New York last nigh
that preparations already were beinl
made to carry the matter 10 the su
. preme court Application for a wri
} OF certiorari will be made by the Col
I umbia motor car company and Georg
= b. Selden, It lie stated. The state
} ment of the association declares tina
approximately so per cent Of the gas
J oline motor cars manufactured 10 thi
D country are now licensed under th
I Selden patent many companies hay
|. ing applied for license after Judg
S Hough's decision in 1909.