The Cordova daily times., 1919-06-06
WIRELESS SUIT
 BEING HEARD AT FRISCO


 sociated Press).-Seven million dol lars in claims and damages, s4,OOO, 900 of them before the United States court of claims, and the right of many trans-oceanic and coastwise vessels to use wireless sets are involved in the case of the Marconi Wireless Tele- graph Company against Kilburn and Clark Wirlss Company of Seattle, are before the United States circuit court of appeals here for oral argument on a dual appeal from the United States district court in Seattle.
 In the original suit the Marconi Company claimed patent infringement on certain of it's transmitting and re- ceiving apparatus features, and set the monetary damage at approximate 1y $3,O0O,OOO. The United States navy was jointly charged with using some of the patents claimed exclusively by the Marconi Company, and pleading for $4,OO0, ,OO0 damages was filed in the court of claims. The action was started in August, 1915.
 The Kilburn and Clark Company held that there was no infringement as it used a transmitting and receiv- ing apparatus entirely distinct from plaintiff company On December II, 1916, the Seattle court adjudged that certain of the claims of the Marconi Company regarding what are known as the Oliver J. Lodge patents were sustained, but that the patent right had expired and no damages should be forthcoming. Certain other patent claims of the Marconi Company were declared valid, but it was held that there was no infringement on the part of defendant company
 The defendant company appealed from that portion of the decree which sustained the Marconi patents. The plaintiff appealed because the court held the defendants apparatus did not infringe on the Marconi mechanism.
 The navy department secured a postponement of the hearing until after April 9, 1919, eff the war should be over by that time," as it felt prior judgment might affect its war activ- ity. A motion was entered in the cir cult court on April 7, 1919, by the Marconi Company asking for an inn mediate hearing.
 The navy department, through Franklin D. Roosevelt assistant sec retary, resisted, saying the war was not yet over Attorney General A. Nit chell Palmer held that the action should be heard at once and their re- spective claims were presented to the court In setting the case for June 3 and the court virtually adjudged that the war has come to an end.
 The case was enlivened further through the installation and working of the opposing wireless sets in the court room.
 Technically the case reyolved around this contention:
 The Marconi apparatus contains a closed primary oscillating circuit and an open oscillating circuit, the two in- ductively coupled and tuned to each other, effecting wireless transmission. The Kilburn and Clark apparatus ac- cording to the defendant claims, con tains anon-oscillating primary circuit not inductively coupled to an open os- cillating circuit. The Marconi action claims that there is an inductive coupling in the opposing mechanism and therein lies the infringement.
 A judgment for the Marconi Com pany would mean collection of the damages mentioned and the stripping of many big vessels and business con cerns of apparatus containing the questioned patents. A judgment for the Kilburn and Clark Company would mean. loss of the Marconi wireless claims and the right of the defendant corporation to enter generally into the wireless business.
 
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