Aeronautics -- United States -- Biography; Wright, Orville, 1871-1948; Wright, Wilbur, 1867-1912
By that time, Captain Baldwin had abandoned the dirigible balloon for
the airplane, and thus he, too, had been an infringer of the Wright
patent. But as his public statements indicated, he showed an attitude
quite different from that of most other infringers. Glenn Martin was
another, like Baldwin, who acknowledged indebtedness to the Wrights.
After the Wrights had won their important suit against Curtiss in the
Circuit Court of Appeals, Curtiss made no secret of the fact that
he still hoped to find a possible loophole to get around the Wright
patent. Since the decision of the Court enjoined him from using two
ailerons operating simultaneously in opposite directions, he thought
perhaps he could escape penalty by using just one aileron at a time,
while the other remained inoperative. This, however, was covered
by Claim 1 of the Wright patent, if the claim were given a liberal
interpretation, as the Court had said the Wright Patent was entitled
to, on account of the Wrights being the pioneers in the art of flying.
But Claim 1 had not been cited in the former suits, and so had not as
yet been adjudicated. If Curtiss could just show, or seem to show,
in some way that the Wrights were not exactly pioneers, that some
other machine capable of flight antedated the Wright machine, then
he would be in a stronger position to defend himself against Claim 1
if it should be cited against him. Anticipating a suit, Curtiss took
astounding means to prepare for combating it--as will appear.
But after all the evidence was taken in that case and just before
the case was to come to trial, Orville Wright sold his interest in
The Wright Co. to New York capitalists. Curtiss then contrived to
gain delay after delay by approaching the new owners with proposals
of settlement. These negotiations dragged on until the United States
entered the First World War, and the Manufacturers Aircraft Association
was organized for cross-licensing manufacturers who were building
machines for the United States Government. Through this cross-licensing
agreement, The Wright Co. received royalty on all planes manufactured
for the Government. Consequently, this last case against Curtiss never
came to trial.
The Wrights won their patent suits, too, in the highest courts of both
Germany and France. The court in Germany made the comment in its oral
decision that their discovery that a rear rudder was a balancing device
rather than a steering device should entitle them to a basic patent.
Without going into too much detail about the various patent suits,
the important point is that the priority of the Wright patents was
sustained by the courts in both the United States and Europe. Every
airplane that flies, in any part of the world, even today, does so by
use of devices and discoveries first made by the Wright brothers.
Public-domain text, read in full here on John Shaqi.
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