[D9227AAE], Letter from Westinghouse Electric Co, Lemuel Bannister to L H Eames, South Chicago Street Railway Co, September 14th, 1892
https://edisondigital.rutgers.edu/document/D9227AAE
Transcription
Westinghouse Electric & Manufacturing Company, Pittsburg, Pa. Sept. 14th-’92. Mr. L. H. Eames, Prost. So. Chicago St. Ry. Co., Chicago, Ill. Dear Sir:- We call your attention to the use of carbon brushes in connection with electric generators and motors. On May 6th, 1890, the Westinghouse Electric & Manufacturing Company secured the patent #427259 of George forbs, covering broadly the use of carbon brushes. The Thomson-Houston Company had also acquired control of the Edison Company, an agreement was made between the Westinghouse and Thomson-House Companies, whereby the two latter Companies became joint owners of the above named patents, and the following extract from the preamble sets forth the object of the agreement:- “And whereas the said Letters Patent are being infringed “extensively by other manufacturers of electrical machinery, and “ the parties hereto are desirous of avoiding litigation with each “ other, and of stopping the unauthorized use by others of the “ inventions covered by said Letters Patent.” The agreement contemplated a suit against the Edison General Electric Company, which was brought in due course, and which is now pending. Under the terms of the agreement each party has a right to manufacture and use the invention in connection with its own apparatus only, and, as will be seen by the following extract, neither party has the right to license any other company to manufacture, use or sell the inventions in question:- “Third.- That at no time shall any licenses be granted “ under either of said Patents by either of said Companies, nor any “interest in said Patents be sold by either of them without the “consent in writing of the other party first had and obtained, and “neither party shall make carbon brushes except for use with “apparatus manufactured by it.” It has come to our knowledge that agents of the General Electric Company have threatened our customers with suits for the infringement of these very patents; whereas, as a matter of fact, the General Electric Company has no right what-ever to manufacture use or sell those inventions, and we propose to assert the rights we hold under these Patents, and to enforce the terms of the agreement referred to. We are advised that the General Electric Company cannot acquire any right to make, use, and sell carbon brushes without consent, and that their ownership of the stock of the Thomson-Houston Company does not and cannot give them any such rights. You are therefore cautioned against the use of any electric apparatus made or sold by the General Electric Company having carbon brushes. The Thomson-Houston Company under these terms pf the agreement are bound to join with us in pressing the case against the Edison General Electric Company to a final hearing at the joint expense of the Two Companies. We caution users of electric apparatus against giving credence to statements of officers and agents of the General Electric Company to the effect that that Company in any manner controls the affairs of this Company. Yours truly, Westinghouse electric & Manufacturing Company, (Signed) Lemuel Bannister Vice Prest. & Gen. Manager.