Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-12-16


wlthstood the shock Of a patent right
suit which has involved the spark
plug industry Of the United States as
deeply as the famous Selden patent in
volved the automobile industry. but
while the Selden patent failed to hold
good in the courts the spark plug pat
ent was upheld three weeks ago by
the United States court of appeals and
every spark plug manufacturer In his
country was confronted with an
estoppel Of his business. Last week.
however, an agreement vas reached
with the successful patentee whereby
not to exceed twenty manufacturers OF
sparks plugs out Of 10 were licensed
to continue their business. Among the
sixteen licenses already authorized to
make plugs the V-Ray Company. OF
this city, explains the situation as fol-
lows:
"A patent infringement suit that, In
the annals Of the automobile industry
ranks second only to the famous Seld-
en- suit OF I'VE years ago has just been
adjudicated in the United States cir
cult court Of appeals. Second district
of New York. The suit in question re-
lates to spark plugs and. because Of the
various spark plug factories INC job
! bers having headquarters in Marshall
town, the various phases OF the Can
field patent, at issue IN the recent de-
cision, will undoubtedly be OF interest
to Iowa jobbers, dealers, garages and
| motorists In general.
"On Oct. IS, 1898, one Frank W. Can
field, long since deceased, was granted
q patent on q spark plug wherein the
counter-bore in the steel shell sur
rounding the insulation and center
| electrode was deeper than the counter
bore's diameter. BY way Of explana-
ton It may be said that every spark
plug on tho American market today
embodiex these basic features as COW
cred by Garfield.
THE patent, on Canfleld's death
went into other hands. not because OF
any belief that 1t was valuable or even
tenable but thru natural sequences In
| ctdental to the disposition OF estates.
etc. At one time it was held by a pat
ent holding company composed OF vari-
GUS automobile factories. Several years
ago it vent into the hands OF n A. r.
Mosler a pioneer manufacturer OF
spark plugs in this country. Mr.. Mos
Ter always had faith hat the patent in
question was basic and h a one court
or another would eventually decree 1t
as such. After meeting with reverses
in lower courts in a long fight he p
peaIed from an u~nfavorable verdict IN
the United States district court Of the
southern district (Oct %, 1922, to the
United States court OF appeals. Sec
ond circuit.
The motor accessory as we'll as the
motor world was given a hair raiser
when the court In question ~adjudicated
the patent as a basic one. reversing
the decision Of the lower court. Spark
plug manufacturers Immediately con.
templated q united fight thru the 81.
preme court but this was quickly
abandoned when 1t was discovered that
no appeal was permissible because Of
the fact that no constitutional point
was involved.
This state Of affairs left the own
er OF the Garfield patent sole dictator
of the spark plug Industry most
envied ol1garch.
THE owner Of the canneid patent
was now in a position where he could
freeze out every manufacturer OF
spark plugs dn the United States.
However. in view Of the fact that If
teen of the patents seventeen years sof
life had been spent. there remain but
two years of protection.
So IL AA-A
his output to supply the requirements
that some 10 different brands had
supplied in the past, that 1t would take
fully a year to build such q mammoth
factory and h e would have but an
additional year in which to market his
product after which his huge factory
would be idle, he chose the most diplo.
matte course. He gathered about him
the sixteen most important concerns in
| the country.
This process Of elimination oc-
cured on Wednesday and Thursday
last, in New York where the owner OF
the Cannheld patent collected in the
aggregate something over $780, 900
from his coterie Of licensees.
A the matter stands today there
are, instead Of 40 some odd plugs, the
nominal NUMBER Oh SAAteSn WHICH Can
legally be sold on the American ac-
cessory market. Commencing with this
week glaring four-paSe inserts appear
in all motor Journals. warning the
dealer and jobber from handling any
than the plug companies products
listed until after Oct. 10. 1915.
by virtue of this important patent
decision and subsequent license arr
arrangement, the following spark plug
companies are dominating the Ameri-
can plug situation:
"A. r.. Mosler q O.