One unfortunate student pilot, who had begun his training at the Wright School in 1912, later got himself into much trouble. This man became one of the best flyers in the United States. As he had plenty of money he bought a plane of his own, and he used to give free exhibitions at his estate near Philadelphia. In one way or another he did much for aviation. But in 1917, when the United States entered the First World War, that young pilot refused to register in the draft and became notorious as a draft evader. His name? Grover Cleveland Bergdoll. The early Wright plane he had bought is today on exhibition at the Franklin Institute in Philadelphia. It is believed to be the only authentic Model B—the first model built by The Wright Co.—in existence.
In 1914, Orville Wright had bought the stock of all other shareholders in The Wright Co., except that of his friend, Robert J. Collier, who, for sentimental reason, wished to retain his interest. Orville’s motive in acquiring almost complete ownership of the company had been as a step toward getting entirely out of business. Both he and Wilbur Wright had agreed to stay with the company for a period of years, not yet expired, and he could not honorably dispose of his own holdings so long as those with whom he had made the agreement were still in the company. But almost immediately after buying the shares of the others, he let it be known that he might be willing to sell his entire interest. To this, Collier, the only other shareholder, agreed. In 1915, Orville received an offer and gave an option to a small group of eastern capitalists that included William Boyce Thompson and Frank Manville, the latter president of the Johns-Manville Co. The deal was closed in October, 1915.
Just after Orville had given his option to the eastern syndicate, Robert J. Collier came to tell him an important piece of news, and to urge him not to sell just yet.
Collier had been having some talks with his friend, the wealthy Harry Payne Whitney, and had urged upon him the idea of doing what Collier thought would be a wonderful piece of philanthropy that would mean much for the future of aviation in the United States. What Collier wanted him to do was to buy the stock of The Wright Co., thus gaining ownership of the Wright patents, and then immediately make the patents free to anyone in the United States who wished to manufacture airplanes.
Whitney was willing to carry out the Collier suggestion. To do so he was also ready to pay more for the stock of The Wright Co. than the syndicate had offered.
But Orville explained to Collier that the option already given was legally drawn and the holders presumably wished to exercise it.
Collier’s daring idea and Whitney’s generous acceptance of it had come just a little too late.
XVIII
PATENT SUITS
The Wrights had found that patents covering the basic features of their invention were not enough protection against infringers. Indeed, having the technical details on file in the Patent Office, where anyone who desired might see them, was, in a way, to the advantage of those who would help themselves to an inventor’s work and ideas. Only a decision in the courts could determine the justice of an inventor’s claims. But the courts work slowly and legal procedure is expensive. Except for their good fortune—never contemplated when they started—in realizing substantial sums from their invention, the brothers might not have been financially able to carry on the fight that finally gave them world-wide recognition as the first to contrive a successful flying-machine.
Altogether the brothers had active part in a dozen different suits in the United States against infringers—and there were suits in France and Germany in each of which about a dozen infringers were involved. Most of the suits in the United States did not go beyond the early stages, as the infringers were not disposed to continue after a preliminary injunction had been issued. But three suits were of special importance. One of these was against Louis Paulhan, French aviator, who was about to give exhibitions in the United States, using planes made in France. Another was against Claude Grahame-White, English aviator, also about to give exhibitions in the United States with planes that infringed the Wright patents. The most important suit of all was against the Herring-Curtiss Co. and Glenn H. Curtiss. This case was bitterly contested and was carried up to the U. S. Court of Appeals. It was brought by the Wright brothers, late in 1909, but The Wright Co., formed shortly afterward, succeeded the brothers as complainants.