The first ever aeroplane was introduced to the world in North Caroline on the 17th of December in the year 1903 by Orville and Wilbur Wright, who are popularly known as the Wright Brothers. It is undeniable that the brothers derived a lot of information for their invention from previous inventors like Chanute, Langley, and Lilienthal. Though they did make several discoveries that made the aeroplane fly, The plane simply rose 20 feet above the ground throughout the brief (12-second) flight; nonetheless, the flight was revolutionary. Some contend that the “aerial age” was founded by the Wrights’ discoveries and inventions. Following the development of this original design, the Wrights proceeded quickly to secure the patent rights to their invention by submitting applications in the US, UK, France, and Germany. The patent applications that were submitted in Britain and France were both approved in 1904, but the German patent application proved to be much more challenging. It was first refused, but the initial judgement was overturned with the help of a German advocate. The German courts, meanwhile, found that the patent’s structure was too restrictive.
An Advocate’s Shield
The Wright Brothers had drafted their initial patent application and were unable to show a functional aircraft. The US Patent Office advised them to see a patent attorney after they were refused a patent. They were directed to Harry A. Toulmin in Springfield, Ohio, by friends. Wilbur Wright appointed Toulmin on January 22, 1904, to assist with their patent. Despite 30 lawsuits filed by individuals claiming to be the creators of the aeroplane, Toulmin wrapped up the patent so securely that no one was able to break it throughout the patient’s lifetime. He suggested that the patent should cover the method of flight control rather than trying to protect the complete plane. The three-axis control system employed on the 1902 glider and the wing warping It was a wise choice, as Wright’s control system is still used in every flying aeroplane today.
Detail Patent Study
We must understand the details of the Wright Brothers’ patent to comprehend their legal proceedings. Three years after their first flight, the Wright brothers were awarded a patent for a “flying machine” that focused on their ground-breaking research in aeronautics: their original flight control system. Modifications to what the Wright brothers termed the “lateral margins” of the aeroplane’s wings were used to gain control in their design and in practically every other aircraft that was built after it. In actuality, the Wrights accomplished this by using wires to twist or “warp” the Flyer’s wood and fabric wings, which entailed shifting the rear outer points of the wings in opposite directions. The main development that brought meaningful manned-powered flight was wing warping. Even though other early aircraft could produce lift, all but the Wright Flyer were wildly unstable and extremely dangerous. As a result, Orville and Wilbur had every right to be proud of their intelligence and to seek any legal safeguards for their intellectual property.
However, the Wrights sought to patent not solely their wing-warping procedure but also any potential future device for adjusting the “lateral margins” of an aircraft’s wings, laying legal claim to the aeronautic control principle they had discovered. They would have monopolistic power over the aviation market for many years, provided the patent was read as they desired.
Before the Wright brothers submitted their patent application, Augustus Herring sent them a letter outlining their joint invention of the aircraft. Herring claimed to have created the Chanute-Herring glider, which was a little like the Wright Flyer. Wright elected to move on with the registration of their patent application notwithstanding this letter’s rejection.
The United States granted Wilbur and Orville Wright a patent on “Flying Machines” on May 22, 1906. Due to their ownership of this invention, the Wright Company was able to sue other pilots and aviation businesses for patent infringement.
Litigation Process
To defend their innovation, the Wright Brothers sued Glenn H. Curtiss and the Herring-Curtiss Company in patent courts, alleging infringement. They also filed lawsuits in Europe and the US. The Wrights also filed lawsuits against aviators from England, Claude Grahame-White, and France, Louis Paulhan. Both parties’ attorneys produced extensive, detailed, and complicated material for these trials.
Among all these cases, the Glen Curtiss lawsuit was discussed the most. Glenn Curtiss and Augustus Herring collaborated to establish their own business, the Herring-Curtiss Company, in March 1909. In this particular case, Glen Curtiss refused to pay the Wright Brothers’ cost for an aircraft he sold to the Aeronautical Society of New York in 1909. He had been cautioned against turning a profit on any aircraft that utilised their patent’s technical details. Wright Brothers sued Curtiss after he still did it.
Judge Hazel issued an injunction against the Herring-Curtiss Company and extensively interpreted the Wright patent, which ended in a favourable outcome for the Wright Brothers. Judge Hazel made the important determination that the Wright Patent qualified as a pioneering patent because the Wrights’s idea was so novel and unique that the case qualified under the particular legal standard for pioneering patents. Because the same inventor may not patent improvements on their original, novel, and distinctive patent applications, pioneering patents are entitled to a wide interpretation. Since different patents are to be construed more narrowly, equity requires that the patent be considered as broadly as possible in cases of pioneering patents. The lawsuit against Curtiss was won by the brothers in 1913, but the ruling was challenged.
When Curtiss appealed and was successful due to a technicality, the Wrights suffered a setback. Judge Hazel’s injunction was overturned by the Court of Appeals, and the matter was sent back for more discussion and evidence. When the Wrights corrected the issues raised by the Circuit Court of Appeals, Judge Hazel granted them victory once more. This time, Judge Hazel gave them a favourable decision. Curtiss filed a second appeal with the Circuit Court of Appeals, which unanimously upheld Judge Hazel’s judgement in an unusual decision known as a Per Curium by the Court opinion, only occasionally issued when the court is in agreement and seeks to state that the appeal is particularly frivolous or meritless. The Wrights’ favour was maintained after the judgement in January 1914. The Herring-Curtiss Company then filed for bankruptcy before the Wrights could recover any damages, and Glenn Curtiss then sued Augustus Herring for falsely asserting that he had more patents than the Wrights while failing to provide any supporting documentation or the disputed patents. Before Curtiss got anything from Herring, he passed away.
In the case, Wright v. Paulhan popularly known as the Paulhan case. The Wrights were victorious in their lawsuit against other aircraft displayers. The Paulhan case was distinctive because the ruling was written by Judge Learned Hand, a well-known federal judge who was well-known for the calibre of his jurisprudence and the clarity of his opinions. Many of Judge Hand’s decisions are still considered sound legal precedents and are frequently taught in law schools all over the nation. Judge Hand entirely agreed with Judge Hazel’s assessment of the Wrights’ ground-breaking patent and sided with them, especially in light of their choice to litigate to defend their patent.
Conclusion
In the end, a person only has the rights that he can effectively protect. The Wrights accomplished what no one before them had been able to do through their creativity and brilliance, self-funding, and outspending. They took the necessary legal actions to safeguard their idea because they legitimately anticipated making money off of their very original concept.
There were repercussions from the Wright’s patent conflicts also. Unfortunately, the Wrights were unable to innovate and create new aeroplanes throughout the entire time they spent battling to defend their patent. Their aircraft started to fall short of those made in Europe. The brothers and their business’ reputation suffered as a result of the ongoing legal battles. The tension hurt Wilbur’s health as well. Wilbur passed away from typhoid illness on May 30, 1912.
Innovation and the creation of new aircraft had been stymied in the United States because the Wright Company or Curtiss Company controlled the majority of the important aircraft patents. The US government compelled the aircraft sector to establish a group for granting patent licenses in 1917. Each manufacturer was required to sign up and pay a membership fee. Until their patents expired, the Wright Company or the Curtiss Company received the majority of the fees.
Keywords- Wright Brothers, Herring-Curtiss Company, Glen Curtiss, Injunction, Judge Hazel, Patent
By- Anushka Gupta, MIT WPU, Pune
References
Daniel T. Ronneberg, The Wright Brothers’ Patent Lawsuits, Vol 21, Journal of Aviation/ Aerospace Education and Research, 2023, The Wright Brothers_ Patent Lawsuits.pdf
Sean Trainor, The Wright Brothers: Pioneers of Patent Trolling, Time, DECEMBER 17, 2015 9:30 AM EST, https://time.com/4143574/wright-brothers-patent-trolling/
- RICHARD STIMSON, Wright Brothers- Patent Wars, Wright Stories, 5th May 2023, 04:16, https://wrightstories.com/articles/patent-wars/
Invention Greek, The Wright Brother’s Patent Wars, PatentPlaques, 5th May 2023, 04: 19, http://patentplaques-blog.com/wright-brothers-patent-wars/
Britanny Hayes, Innovation & Infringement, U.S History Scene, 5th May 2023, 04: 23, https://ushistoryscene.com/article/innovation-and-infringement/
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