Edison, His Life and Inventions [283]
Eaton's office in 1882, when he tried to negotiate the sale of his father's inventions to the Edison Company? A lamp so constructed and made before 1872 was worth a large sum of money to those interested in defeating the Edison patent like the American Company, and Goebel was not a rich man. Both he and one of his sons were employed in 1881 by the American Company. Why did he not show this lamp to McMahon when he called in the interest of the American Company and talked over the electrical matters? When Mr. Dreyer tried to organize a company in 1882, and procured an option from him of all his inventions relating to electric lighting for which $925 was paid, and when an old lamp of this kind was of vital consequence and would have insured a fortune, why was it not forthcoming? Mr. Dreyer asked Goebel to produce an old lamp, and was especially anxious to find one pending his negotiations with the Edison Company for the sale of Goebel's inventions. Why did he not produce this lamp in his interviews with Bohm, of the American Company, or Moses, of the Edison Company, when it was for his interest to do so? The value of such an anticipation of the Edison lamp was made known to him. He was desirous of realizing upon his inventions. He was proud of his incandescent lamps, and was pleased to talk about them with anybody who would listen. Is it conceivable under all these circumstances, that he should have had this all-important lamp in his possession from 1872 to 1893, and yet no one have heard of it or seen it except his son? It cannot be said that ignorance of the English language offers an excuse. He knew English very well although Bohm and Dreyer conversed with him in German. His children spoke English. Neither his ignorance nor his simplicity prevented him from taking out three patents: the first in 1865 for a sewing-machine hemmer, and the last in 1882 for an improvement in incandescent lamps. If he made Lamp No. 4 previous to 1872, why was it not also patented?
"There are other circumstances which throw doubt on this alleged Goebel anticipation. The suit against the United States Electric Lighting Company was brought in the Southern District of New York in 1885. Large interests were at stake, and the main defence to the Edison patent was based on prior inventions. This Goebel claim was then investigated by the leading counsel for the defence, Mr. Curtis. It was further inquired into in 1892, in the case against the Sawyer-Man Company. It was brought to the attention and considered by the Edison Company in 1882. It was at that time known to the American Company, who hoped by this means to defeat the monopoly under the Edison patent. Dreyer tried to organize a company for its purchase. Young Goebel tried to sell it. It must have been known to hundreds of people. And now when the Edison Company after years of litigation, leaving but a short time for the patent to run, have obtained a final adjudication establishing its validity, this claim is again resurrected to defeat the operation of the judgment so obtained. A court in equity should not look with favor on such a defence. Upon the evidence here presented, I agree with the first impression of Mr. Curtis and with the opinion of Mr. Dickerson that whatever Goebel did must be considered as an abandoned experiment.
"It has often been laid down that a meritorious invention is not to be defeated by something which rests in speculation or experiment, or which is rudimentary or incomplete.
"The law requires not conjecture, but certainty. It is easy after an important invention has gone into public use for persons to come forward with claims that they invented the same thing years before, and to endeavor to establish this by the recollection of witnesses as to events long past. Such evidence is to be received with great caution, and the presumption of novelty arising from the grant of the patent is not to be overcome except upon clear and convincing proof.
"When the defendant company entered upon the manufacture of incandescent lamps in May, 1891, it well knew the consequences
"There are other circumstances which throw doubt on this alleged Goebel anticipation. The suit against the United States Electric Lighting Company was brought in the Southern District of New York in 1885. Large interests were at stake, and the main defence to the Edison patent was based on prior inventions. This Goebel claim was then investigated by the leading counsel for the defence, Mr. Curtis. It was further inquired into in 1892, in the case against the Sawyer-Man Company. It was brought to the attention and considered by the Edison Company in 1882. It was at that time known to the American Company, who hoped by this means to defeat the monopoly under the Edison patent. Dreyer tried to organize a company for its purchase. Young Goebel tried to sell it. It must have been known to hundreds of people. And now when the Edison Company after years of litigation, leaving but a short time for the patent to run, have obtained a final adjudication establishing its validity, this claim is again resurrected to defeat the operation of the judgment so obtained. A court in equity should not look with favor on such a defence. Upon the evidence here presented, I agree with the first impression of Mr. Curtis and with the opinion of Mr. Dickerson that whatever Goebel did must be considered as an abandoned experiment.
"It has often been laid down that a meritorious invention is not to be defeated by something which rests in speculation or experiment, or which is rudimentary or incomplete.
"The law requires not conjecture, but certainty. It is easy after an important invention has gone into public use for persons to come forward with claims that they invented the same thing years before, and to endeavor to establish this by the recollection of witnesses as to events long past. Such evidence is to be received with great caution, and the presumption of novelty arising from the grant of the patent is not to be overcome except upon clear and convincing proof.
"When the defendant company entered upon the manufacture of incandescent lamps in May, 1891, it well knew the consequences