Edison, His Life and Inventions [284]
which must follow a favorable decision for the Edison Company in the New York case."
The injunction was granted.
Other courts took practically the same view of the Goebel story as was taken by Judge Colt, and the injunctions asked in behalf of the Edison interests were granted on all applications except one in St. Louis, Missouri, in proceedings instituted against a strong local concern of that city.
Thus, at the eleventh hour in the life of this important patent, after a long period of costly litigation, Edison and his associates were compelled to assume the defensive against a claimant whose utterly baseless pretensions had already been thoroughly investigated and rejected years before by every interested party, and ultimately, on examination by the courts, pronounced legally untenable, if not indeed actually fraudulent. Irritating as it was to be forced into the position of combating a proposition so well known to be preposterous and insincere, there was nothing else to do but to fight this fabrication with all the strenuous and deadly earnestness that would have been brought to bear on a really meritorious defence. Not only did this Goebel episode divert for a long time the energies of the Edison interests from activities in other directions, but the cost of overcoming the extravagantly absurd claims ran up into hundreds of thousands of dollars.
Another quotation from Major Eaton is of interest in this connection:
"Now a word about the Goebel case. I took personal charge of running down this man and his pretensions in the section of the city where he lived and among his old neighbors. They were a typical East Side lot--ignorant, generally stupid, incapable of long memory, but ready to oblige a neighbor and to turn an easy dollar by putting a cross-mark at the bottom of a forthcoming friendly affidavit. I can say in all truth and justice that their testimony was utterly false, and that the lawyers who took it must have known it.
"The Goebel case emphasizes two defects in the court procedure in patent cases. One is that they may be spun out almost interminably, even, possibly, to the end of the life of the patent; the other is that the judge who decides the case does not see the witnesses. That adverse decision at St. Louis would never have been made if the court could have seen the men who swore for Goebel. When I met Mr. F. P. Fish on his return from St. Louis, after he had argued the Edison side, he felt keenly that disadvantage, to say nothing of the hopeless difficulty of educating the court."
In the earliest days of the art, when it was apparent that incandescent lighting had come to stay, the Edison Company was a shining mark at which the shafts of the dishonest were aimed. Many there were who stood ready to furnish affidavits that they or some one else whom they controlled had really invented the lamp, but would obligingly withdraw and leave Edison in possession of the field on payment of money. Investigation of these cases, however, revealed invariably the purely fraudulent nature of all such offers, which were uniformly declined.
As the incandescent light began to advance rapidly in public favor, the immense proportions of the future market became sufficiently obvious to tempt unauthorized persons to enter the field and become manufacturers. When the lamp became a thoroughly established article it was not a difficult matter to copy it, especially when there were employees to be hired away at increased pay, and their knowledge utilized by the more unscrupulous of these new competitors. This is not conjecture but known to be a fact, and the practice continued many years, during which new lamp companies sprang up on every side. Hence, it is not surprising that, on the whole, the Edison lamp litigation was not less remarkable for quantity than quality. Between eighty and ninety separate suits upon Edison's fundamental lamp and detail patents were brought in the courts of the United States and prosecuted to completion.
In passing it may be mentioned that in England France, and Germany
The injunction was granted.
Other courts took practically the same view of the Goebel story as was taken by Judge Colt, and the injunctions asked in behalf of the Edison interests were granted on all applications except one in St. Louis, Missouri, in proceedings instituted against a strong local concern of that city.
Thus, at the eleventh hour in the life of this important patent, after a long period of costly litigation, Edison and his associates were compelled to assume the defensive against a claimant whose utterly baseless pretensions had already been thoroughly investigated and rejected years before by every interested party, and ultimately, on examination by the courts, pronounced legally untenable, if not indeed actually fraudulent. Irritating as it was to be forced into the position of combating a proposition so well known to be preposterous and insincere, there was nothing else to do but to fight this fabrication with all the strenuous and deadly earnestness that would have been brought to bear on a really meritorious defence. Not only did this Goebel episode divert for a long time the energies of the Edison interests from activities in other directions, but the cost of overcoming the extravagantly absurd claims ran up into hundreds of thousands of dollars.
Another quotation from Major Eaton is of interest in this connection:
"Now a word about the Goebel case. I took personal charge of running down this man and his pretensions in the section of the city where he lived and among his old neighbors. They were a typical East Side lot--ignorant, generally stupid, incapable of long memory, but ready to oblige a neighbor and to turn an easy dollar by putting a cross-mark at the bottom of a forthcoming friendly affidavit. I can say in all truth and justice that their testimony was utterly false, and that the lawyers who took it must have known it.
"The Goebel case emphasizes two defects in the court procedure in patent cases. One is that they may be spun out almost interminably, even, possibly, to the end of the life of the patent; the other is that the judge who decides the case does not see the witnesses. That adverse decision at St. Louis would never have been made if the court could have seen the men who swore for Goebel. When I met Mr. F. P. Fish on his return from St. Louis, after he had argued the Edison side, he felt keenly that disadvantage, to say nothing of the hopeless difficulty of educating the court."
In the earliest days of the art, when it was apparent that incandescent lighting had come to stay, the Edison Company was a shining mark at which the shafts of the dishonest were aimed. Many there were who stood ready to furnish affidavits that they or some one else whom they controlled had really invented the lamp, but would obligingly withdraw and leave Edison in possession of the field on payment of money. Investigation of these cases, however, revealed invariably the purely fraudulent nature of all such offers, which were uniformly declined.
As the incandescent light began to advance rapidly in public favor, the immense proportions of the future market became sufficiently obvious to tempt unauthorized persons to enter the field and become manufacturers. When the lamp became a thoroughly established article it was not a difficult matter to copy it, especially when there were employees to be hired away at increased pay, and their knowledge utilized by the more unscrupulous of these new competitors. This is not conjecture but known to be a fact, and the practice continued many years, during which new lamp companies sprang up on every side. Hence, it is not surprising that, on the whole, the Edison lamp litigation was not less remarkable for quantity than quality. Between eighty and ninety separate suits upon Edison's fundamental lamp and detail patents were brought in the courts of the United States and prosecuted to completion.
In passing it may be mentioned that in England France, and Germany