This patent broadly covers the combination of sustaining surfaces to the right and left of the center of a flying-machine adjustable to different angles, with vertical surfaces adjustable to correct inequalities in the horizontal resistances of the differently adjusted wings. Claim 14 of our patent No. 821,393 specifically covers the combination which we are informed you are using. We believe it will be very difficult to develop a successful machine without the use of some of the features covered in this patent. The commercial part of our business is taking so much of our time that we have not been able to undertake public exhibitions. If it is your desire to enter the exhibition business, we would be glad to take up the matter of a license to operate under our patents for that purpose. Curtiss replied that, contrary to newspaper reports, he did not expect to do anything in the way of exhibitions; that his flights had been in connection with the Aerial Experiment Association’s work. The matter of the patents he had referred, he said, to the Secretary of the Association. A few weeks later, when Orville went to Washington in preparation for the Fort Myer tests of the Wright machine, Captain Baldwin was there teaching Army officers to operate a new dirigible balloon for which Curtiss had furnished the motor. In speaking of the experiments in aviation being carried on by Curtiss and other members of the Aerial Experiment Association at Hammondsport, Baldwin said warningly to Orville: “I hear them talking.” He went on to caution Orville that the work those men were doing would infringe the Wright patents. By the following year, Curtiss had formed a commercial company, The Herring-Curtiss Co., to make or exhibit airplanes. On January 3, 1910, Judge John R. Hazel, of the Federal Circuit Court, at Buffalo, New York, granted a temporary restraining order against The Herring-Curtiss Co. and Glenn H. Curtiss to prevent them from infringement of the Wright patents. In handing down his decision, Judge Hazel said: