The Detroit times., 1911-01-10
FORD co. SCORES
SWEEPING VICTORY
Circuit Court Of Appeals Holds " Is
Not Infringing On Selden Pat
ent--Appeal To Be Taken.

NEW YORK, Jan. 10.-The Associ-
alton OF Licensed Automobile Manu-
facturers says that the Columbia
Motor Car Co. and George b. Selden,
are arranging TO apply for a writ OF
ccrtirari with a view OF having the
case involving the Selden patents go
TO the supreme court of the United
States for final decision. The United
States circuit court OF appeals, yes
terday, reversed the decree OF Judge
Hough, in the circuit court, which up
held the Selden patent. This il u
sweeping victory for the independ-
ents, of which the. Ford Motor Co,
OF Detroit, is the most important.
The Ford Co. had waged the struggle
since 1908.
The court of appeals declares that
the defendants neither legally nor
morally" owed anything to the paten-
tee 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 injunctions against the Ford
Motor Co., Panhard & Levasser and
others, restraining them from using
the Otto engine on the ground OF in
fringement, must be dismissed by the
lower court.
The opinion Of the circuit court OF
appeals, written by Judge Noyes,
says in part:
while the conclusion OF non-in-
fringment which We have reached
leaves the patentee empty-handod
with respect to the patent for the
short time 1t has to run, II cannot be
regarded as depriving him through
any technicality of the first reward
of bis 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 patent as Tar
reaching as the circuit court held this
one was.
"The Brayton engine was the lead
ing engine at the time, and attention
was naturally drawn TO It's supposed
advantages. He chose that type. In
the light of events we can see that
had he appreciated the superiority OF
the Otto engine and adapted that type
for his combination, his patent would
cover the modern automobile. He
did not do SO.
"He made the wrong choice and
we cannot, by placing any forced con-
struction upon the patent or by
straining the doctrine of equivalents,
make another choice for him at the
expense OF these defendants who
neither legally nor morally owe him
anything"
The Selden patent seeks to con-
troll the manufacture OF virtually all
gasoline automobiles in America.
Many of the manufacturing compan-
les hold licenses under that patent;
but there are many others which OPP
Grated independently and in defiance
of the patent. f@s es
The licensed companies were form
ed into the Association OF Licensed
Automobile Manufacturers, which ex-
cluded the independent companies
from it's undertakings, such as auto
mobile shows and the like, and ex-
tensive legal complications were pre-
cipitated.
Under yesterdays ruling the
ground for contest between the
licensed and unlicensed dealers Is re-
moved unless the scope OF the Sci
den patent is changed by subse-
auent ruling of the United States SUI
preme court.
The following statement was given
out by the Association OF Licensed
Automobile Manufacturers:
"As the courts have disagreed on
the merits of the Selden patent on
gasoline automobiles, II was announc-
ed today that the Columbia Motor
Car Co. and George B .Selden are ar
ranging to apply for writ of cor
tiorari with view of having the case
go to the United States supreme
court for final decision.
Judge Hough sustained the patent
and held 1t infringed, in the United
States circuit court for the southern
district OF New York, Sept. 10, 1909,