New-York tribune., 1911-01-10
DECISION ON SELDEN
PATENT REVERSED
United States Circuit Court OF
Appeals Says There Was
No Infringement.
PATENT DECLARED VALID
Opinion Holds, However, That 1t
Was Withheld SO Long That
Public Gained Nothing When
II Was Granted.

The long legal fight waged by George
; b Seldcn against the Ford Motor Com
pany and others for alleged infringe
ments on his patent covering practically
every gasolene car made and used in the
United States assumed another phase
yesterday when the United States Cir
cult Court of Appeals reversed Judge
| Houeh's decision Of September 10. 1909,
which upheld Seldens claims Judge
! Hough ruled that the defendants had in
| fringed on II. while the Court Of APP
peals, although declaring the patent
valid. held that no infringement had
| taken place.
The Association of Licensed Automo-
bile Manufacturers, who are under an
| agreement with George B. Selden and
the Columbia Motor Car Company, his
sole licensees, to pay royalty of IA per
cent on every car, announced that as the
courts had disagreed. the Columbia
| Motor Car Company and Selden were ar
| ranging TO apply for n writ of certiorari
! that would bring the case before the
United States Supreme Court for final
| decision.
Selden's patent covers the following
points: Combustion in the cylinders:
combustion under pressure; a hquid
| fuel, as opposed to coal, coke, wood or
other fuels; an engine capable OF hish
speed to produce the requisite amount
of power to propel a vehicle of small
bulk and weight; a clutch on the SHAFT
between the engine and road wheels, en-
abling the engine 10 be started indie
pendently of the vehicle, and TO run
while the vehicle is at rest.
The opinion Of the United States Court
of Appeals was written by Judge Noyes
and concurred in by Judges Lacomne ana
Ward. Judge Noyes wrote:
The patent was applied for in 1910 and
Granted in 1895. For over sixteen years
| the application lay in the Patent once
! and the applicant took full advantage Oh
the period Of inactivity permitted by the
niles and statutes. 1t is apparent that
| he deIayed lust as long as possible the
| issue OF the patent to him. During
| tbis long time the automobile art mace
r,arxed advance along different INES,
and when. in 1895, the patent was grant,
! ed IL disclosed nothing new. others hao
then made the patentee's discovery anu
| had reduced it TO practice IN ignorance
80 What he had done. While he with
| held his patent the pubic learned il lro,I
independent inventors all that IL could
taach The public gained absolutely
notbing from his invention, whatever II
vas From the point Of view OF pubic
interest Il were even better that the
natent had never been granted.
seIden Acted Within Rights.
fudge Moves held, however, that this
consideration could not be urged against
,ba natentee. as he acted within his
,,e,bte and that his patent, even If it be
,,saf,l only for tribute. must be viewed
without prejudice. He described Selden's
invention in detail and the engine TO be
used he called liquid hydrocarbon gas
: .ro,ne of the compression type. The
ce,den engine, the decision says, was
it'd Tho Brayton engine, which came
ito nc. IN 1873. and was soon super
se6cd by the Otto constant volume en-
,dre He continued:
while the conclusion OF non-infrinbement
- NC have reached leaves the patentee
rnnty handed with respect 10 the patent
90 The short time II mas 10 run, II canhot
10 ragarded as depriving him through any
,ecbnirality Of the first reward Tor his Ia
tnre lie undoubtedly appreciated the pos
70 pHU,1ii,lae of the moter vehicle at a time
slpIIII' tis ideas were regarded as chmerical
HnS,' ia heen able TO see far enough he
lJ,bt lIJa have taken out a patent as far
IiiIsiLirg as the Circuit Court held this one
a ieae p1,t like many another inventor. while
he had a conception OF tRe OBJECT 70 De
aa'Po,nmulishcd. he went IN the wrong direc-
ti0n' to.o prsyton engine was the leading en-
ne The time. and his attention was
eIneeroIlv drawn 10 its supposed advantages
ma ma ,nse that type. In the light OF events
Ire In see that had he appreciated the
We ,UIr,tv of the otto engine and adapted
llat lover the modern automobile He
W39"Iu W. 40 SO He made the wrong choice
dlu ny h r.nnot by pla ling any forced con
., ar ,,,op upon the patent or by stTaining
a ~ ,d,naCtrine OF equivalents, make another
| tile " " ,or him al the expense OF these de-
SSn1nts who neither legally nor morally
owe him any'IHis'
Patent Has Only Year to Run.
rho selden patent will expire on No
,.o,,,her Z 1872. In 1900 Selden, who
,.,a.,ises law in Rochester, entered
alr,,ract with the Columbia Motor Car
Connanv delegating 1t as sole licensee
-, nis natent The same year a suit was
r,a,,,ht against the Winton Motor Car