DE FOREST WINS

Radio Record, Volume I, Issue 18, 18 November 1927, Page 5

DE FOREST WINS

LENGTHY LITIGATION ~ THE FRED-BACK CIRCUIT. Dr. Tyee De Forest’s victory last month in the United States Circuit: Court of Appeals at Philadelphia, deClaring him the original inventor of. the feed-back regenerative circuit and Oaciliating audion (vacuum tube), is mot expected to disturb the radio inWustry, leaders in the business said fo a New York reporter. Further court action is expected, and possibly a final pecieion. by the United States Supreme ‘ourt. Edwin H.. Armstrong, heretofore credted as the inventor of the regenerative circuit, whose patents are controlled by the Westinghouse Electric and Manufacturing Company, said he had main€ained silence on the subject during litigation which has been in progress for the past five years and did not care to change his policy. "FURTHER ACTION POSSIBLE. Victor Beam, representative of the Westinghouse Electric and Manufacturfng Company, said he believed further action would be sought. He said that fe could see no way in which the present decision would affect the present activities in manufacturing radio sets to be marketed through the Radio Corporation of America.

"Tt is doubtful whether the case will he heard by the Supreme Court," said S. E. Darby, Jun., patent attorney for the De Forest Company. ‘The case is based on old questions of law which are well established, and, therefore, present thothing novel to warrant the Supreme (Court considering the case. There is no appeal from this decision as a matter ef right. It is a mere matter of grace and is wholly dependent upon whether or not the Supreme Court cares to review it by granting a writ of certiorari. FAR-REACHING EFFECT. "Tt jg difficult to predict how farreaching the effect will be. One thing is certain, the so-called ‘Armstrong licensees’ who have been paying tribute to the Armstrong patent will now realise that they have been paying that tribute to the wrong partics and will be Jiable to the De Forest Company, the owners of the DeForest patents, for all infringing operations since September 2, 1924, the date of issuance of the Del’orest patent." OTHER CLAIMS OVER:RULED. The Court, in a verdict by Judge Vicfor Woolley and concurred in by Judges Buffington and Davis, over-ruled_ the claims of the Government that Alexander Meissner, a German inventor, f£discovered the feed-back and audion; those of the Westinghouse and Manufacturing Company that Major Edwin 1. Armstrong, a Columbia University graduaté, was the inventor, and the Claims of tle General Electric Company that the vital radio discoverics were wade by Irving Langinuir.

Judge Woolley, of the United’ States Circuit Court of Appeals, declared in his opinion (endorsed by his associate Judges) that the evidence showed that Dr. De Forest came upon the possibilities of the use of the audion in radio on August 6, 1912, while experimenting with a "two-way teleplione repeater" in the laboratory of the Federal Telegraph Company at Palo Alto, California, where he was chief of the research department. That date was earlier than those claimed by the other three inventors, the nearest of whom was Major Armstrong. ENTITLED TO BROAD USE. While not disputing the "discovery" by De Forest, the Westinghouse company, which holds the Armstrong patent, claimed that De Forest was "‘ignorant" of the real importance of his discovery and had merely "stumbled on it’; that he had not found it as the result of any research radio work, and therefore its use could be applied, so far as he was concerned, only to wireless or telegraph. Judge Woolley declares, liowever, that DeForest is entitled to much broader uses of ‘his discovery. As ground for taking this view the Court pointed out that about two weeks after the date mentioned Dr, De Forest and his laboratory assistant, Herbert EB. Van Etten, made a new feedback hook-up, which, while it was different from the first when the discovery was made, produced practically the same results, This showed, the Court says, that De Forest under-

stood the importance of his finding. RESULT OF DECISION. The practical effect of the Court’s| decision is somewhat moot, for Judge Woolley in his opinion calls attention to references of counsel in a suit between De Forest aud the Radio Corporation of America that should the Court decide in De Forest’s favour it would simply mean that the Westinghouse company atd the General Hlectric would be permitted to use the De Forest invention without the payment of royalties, as they have licenses from the American Telephone and Telegraph Company, to whom De Forest gave a license years ago. Had the decision been in favour of any of the other three parties the victor would have rovalty claims against Dr. De Forest and all the others, it was explained.