The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-11-14
INJUNCTION GRANTED
TO THE MARCONI CO..
De Forest Co. and Standard Oil
Restrained From Using
Apparatus.
HELD TO BE INFRINGEMENT

Judge Hough OF the United States
District Court granted yesterday to the
Marconi Wireless Telegraph Company a
preliminary injunction restraining the De
Forest Radio Telephone and Telegraph
Company and tho Standard Oil Company
from selling and using a wireless APP
paratus which Ia held to be an infringe
ment on two patents held by the COM
plainant.
The patents In question were those
granted to Guglielmo Marconi and Oliver
J. Lodge. The validity OF these patents
recently was sustained by Judge Veeder
In a suit brought by the Marconi Com
pany against the National Electric Sig
Mailing Company, which was alleged to
be an infringer About the same time
two patents OF the National Electric Sig
Mailing Company. known as the Fessenden,
or high frequency spark patents, were
validated in a suit brought by that com
pauy against the Telefunken Wireless
Telegraph Company in the United States
District Court for the Eastern District Of
Pennsylvania.
Upon the conclusion OF this litigation.
the National Company brought suit
against the Marconi Company, alleging
two companies thereupon got together and
decided that It was for their interests
and those OF the public to grant each
other licenses in order that both might
be in a position to supply the most efficient
apparatus to steamship companies and
others. The contract between them calls
for the payment OF royalties on all leases
or sales OF wireless apparatus
Along with other companies. the stand
dard oil Company objected to this rental
and arranged with the De Forest Com
pany to equip It's boats with the De
Forest apparatus. The Marconi Company
thereupon brought the present suit for an
Injunction, maintaining that Its patents
were being violated in the apparatus In
stalled on the Standard Oil Company's
ships by the De Forest Company. The
defendants denied the infringement and
also protested against the injunction on
the ground that the proposed charge OF
500 a month was unreasonable
In the opinion handed down yesterday
Judge HouEh makes IL clear that ne does
not consider the Marconi Company's
rate OF 500 a month is unreasonable IN
view of all the circumstances. lie says
that while the decision OF Judge Needer
and the agreement between the Marcont
Company and the National Company mas
put the Marcon Company in "A very strong
position he believes that the Marconi Com
pany has received no fair return from the
Invention which IL controls.
The situation presented by the ships
of the Standard OIL Company" he says.
differs greatly from that existing in the
case Of vessels affected by the various
acts OF Congress compelling the use OF
wireless telegraphy on seagping craft
The Standard OIL Company is not bound
to have wireless apparatus on It's ships.
1t wants that apparatus for its own safety
and profit. and | cannot say. and Indeed
do not think, that a hundred dollars
month Is too much to pay FOR device
without which IL is "A matter of common
KNOWLEDGE that the Insurance premiums
on large and laden vessel would be-
greater by more than the amount OF the
compliments fees"