The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-03-19
U.S.. COURT UPH0LDS
MARCONI'S PATENTS
Use by Rivals Of Long Distance
Wireless Devices Declared
infringement.
ALL MAY USE BASIC IDEA
Failure of Case on Fundamental
Theory Alone Prevents
Sweeping Monopoly.
ALL MAY USE BASIC IDEA

Judge Van vechten veeder OF :he United
States District Court for :he Eastern
District of New York handed down a de-
cisiOn yesterday sustaining the contention
Of the Marconi Wireless Telegraph Com
pany that two Of It's patents were being
naung Company OF Pittsburg. Another
patent IN held TO be valid. but Its In
fringement IL not affirmed
The two patents upon which the de-
ctslon turns are now IN general use by
most wireless companies and &, would
seem that the decision gives 10 the Mar
conf company practical monopoly In
the neld Of wireless telegraphy. This Ia
denied by counsel for the National Elec-
trio signaling Company. who assert that
methods can be devised FOR making wire
less Geography commercially profitable
withoO, infringing on these two patents.
The patent which IL not .nfringed Is
the original patent granted to Marconi
on July u. 1891. II was FOR grounded
antenna at both the sending and the re-
ceivins stations. The second patent was
granted 20 S.r Oliver Lodge or August
is. 1898. and IN now owned by the Mar
conf company. This patent Is Cor the
use OF the induction coil In the antennse
circuit The third OF the disputed patents,
one covering the method OF tuning open
and closed circuits at sending and re-
ceiving stations. was granted TO Maroon!
on June rs. 1900.
Tho Lodge patent and the Marconi
patent" says Judge veeder. constitute
the essential features of the apparatus
which has made possible communication
over a distance of 5000 miles and is ad
mittedly an essential feature OF the wire-
less art as at present known and prac-
tised"
Holds MaPconi the Pioneer.
The opinion OF Judge veeder covers ilS
typewriter pages II reviews the history
OF attempts OF man to communicate with
his fellow over great distances from The
time they were first made In ancient
Egypt down TO the present. He mentions
the names OF scientists who contributed
10 the gradually growing body OF knoui-
edge on this subject Coming down to
recent years he says:
But no one had described or demon
strated a system OF wireless telegraph
apparatus adapted for the transmits 30 n
and reception of definite Ineligible sig
OF scientific knowledge and practice when
in 1896 Marconi applied for his first
patent. Accordingly ind that the evil
dence establishes Marconi's claim that
he was the first to discover and use any
practical means for effective telegraph!c
transmission and Ineligible reception OF
signals produced by art!hcially formed
Hertz oscillations"
1t Is this patent which the court affirmed
not to be infrlng.d by the National El.c-
trio Signaling Company. which operates
under tho patents OF r. A. Fessenden.
With respect TO this point counsel for the
defendant company said yesterday
The decision gives the Fessenden COM
pany a sweeping victory as TO the funda-
mental patent, which the Marconi COM
pany alleged 20 be sufficiently broad TO
| establish a comprehensive monopoly OF
wireless teiegraphy. Judge Veeder held
this patent to be valid but much narrower
than claimed"
Judge Veeder fnds that the first Mar
conf patent, while practical for moderate
distances. was still imperfect because II
did not keep up the energy of the trans
mission. This problem was solved by Sir
Oliver Lodge through compromise be-
tween the rad!atory and oscillatory quail
ties OF his transmitter on one hand and
between the absorbing and cumulating
qualities OF his receiver on the other hand.
In the language of the court, He was
the first to realize that II he could get
long train Of waves he could AFFORD
to diminish the amplitude Of the first few
OF them. the desired result being secured
by cumulative effect"