Aeronautics -- United States -- Biography; Wright, Orville, 1871-1948; Wright, Wilbur, 1867-1912
It appears that the defendant Curtiss had notice of the success
of the Wright machine, and that a patent had been issued
in 1906. Indeed, no one interfered with the rights of the
patentees by constructing machines similar to theirs until
in July, 1908, when Curtiss exhibited a flying-machine which
he called “The June Bug.” He was immediately notified by the
patentees that such machine, with its movable surfaces at the
tips, or wings, infringed the patent in suit, and he replied
that he did not intend to publicly exhibit the machine for
profit, but merely was engaged in exhibiting it for scientific
purposes as a member of the Aerial Experiment Association.
To this the patentees did not object. Subsequently, however,
the machine, with supplementary planes placed midway between
the upper and lower aeroplanes, was publicly exhibited by
the defendant corporation, and used by Curtiss in aerial
flights for prizes and emoluments. It further appears that
the defendants now threaten to continue such use for gain
and profit, and to engage in the manufacture and sale of
such infringing machine, thereby becoming an active rival of
complainant in the business of constructing flying-machines
embodying the claims in suit, but such use of the infringing
machine it is the duty of this Court on the papers presented to
enjoin.
Then, in February, 1910, Judge Learned Hand, in the Federal Circuit
Court, at New York, issued an injunction to prevent the French aviator,
Louis Paulhan, from making exhibitions in the United States unless he
would put up an indemnity to the amount of $25,000. The Court declared
that both the Bleriot and Farman planes that the defendant was planning
to use were infringements of the Wright patents.
Not until January 13, 1914, did the U. S. Circuit Court of Appeals hand
down its decision in the Wright suit against Curtiss. The decision was
in favor of The Wright Co.
In his interview in the New York _Times_, already quoted from,
published in the New York _Times_, February 28, 1914, Captain Thomas
S. Baldwin, though a close associate of Curtiss, heartily endorsed the
final decision in the Wright _vs._ Curtiss case. Referring to that
decision he told the interviewer:
“It is high time for all the rest of us to step up and admit that not a
one of us ever would have got off the ground in flight if the Wrights
had not unlocked the secret for us.
“I want to go on record as saying that the Wrights are fully entitled
to the decision they have at last received....
“Mr. Curtiss is a friend of mine today,” said Baldwin, “and I have
served in his companies as a director. But it is due to the Wrights as
a simple matter of justice to have the story of the actual genesis of
flight fully established.”
Public-domain text, read in full here on John Shaqi.
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