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A SUMMER ISSUE - JUNE - A tviBook Review - Part 02 - The Smart-Daaf Boys
TVInews - 109 - SMART-DAAF BOYS / PART TWO - Reginald Fessenden Inventor Wins 1928 Law Suit against Radio Trust. RCA, AT&T, General Electric, Westinghouse, Western Electric Company Inc, the International Radio Telegraph Company, the United Fruit Company and the Wireless Specialty Appliance Company. Reprint from Los Angeles Examiner, Oct 14, 1928
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2006/Imagespeople/FessendenWin1928Suit300w.jpgTHIS IS PART TWO -- 1928


Chapter 8 - "Smart0Daaf Boys" - Disappointments Are Great, Follow The Money!, (ISBN)1-88364-4-34-8 (Excerpts), By Troy Cory - Josie Cory
When Padria King authored the article, "Reginald Fessenden Wins $60-million Suit Against 'Radio Trust,' in 1928 -- for newspaper tycoon William Randolph Hearst, she had no idea who the "real" inventor and patent owner of the Wireless Radio Telephone was, or whom the "Smart0Daaf Boys" were. (Click on any Photo above to read about them.)
As you will see, the article is critical of the $2.5-million settlement from the so-called Radio Trust. The original law suit claimed $60-million in damages against -- RCA, AT&T, General Electric, the Westinghouse Electric and Manufacturing Company, the Western Electric Company Inc, the International Radio Telegraph Company, the United Fruit Company and the wireless Specialty Appliance Company. - MORE / STORY

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1. Feature Story / Part Two - "1928" FESSENDEN ONCE WON $406,175"
The Radio Trust were all required to name him as the father of Radio, knocking his other SMART-DAAF comtempories, (Stubblefield, Marconi, Tesla, DeForest, Alexandersen, and Armstrong out of question. The following article was published in the Boston Sunday Advertiser and Los Angeles Examiner, 1928.
NEWTON, Mass, Oct. 13, 1928 (Reprint) -- "The internationally known inventor, has forced the so-called Radio Trust to pay him $2,500,000 in cash, and name him as -- "the father of Modern Radio." Prof. Reginald Aubrey Fessenden has upset the serenity of Wall Street. (continued - PART TWO)
Start - FESSENDEN ONCE WON $406,175
But triumphing over corporations is nothing new for Professor Fessenden, for in 1912 he was awarded $406,175 in the United States District Court at Boston in a suit against the National Electric Signalling Company.
The award was not only the largest ever given up to that time in Massachusetts, but was notable in bringing out the history of the Boston inventor's pioneer work in wireless telegraph and telephony.
This man, pupil of Thomas A. Edison and for ten years head chemist of the Edison laboratories, and whom Elihu Thomson pronounced the "greatest wireless inventor of the age, not excepting even Marconi," has since 1995 obtained more patents for inventions in wireless telegraphy and telephony and television than any other man.
Because of his inventive genius, Professor Fessenden is one of the titanic figures of the scientific world. Aside from his work in the field of wireless communication, he is recognized as the one responsible for the electricity-driven battleship, an iceberg detector, the smoke screen used a Cambrai, the sound location method for enemy guns and aircraft.
In July, 1926, he was pronounced the real inventor of an electrical depth sounding device in a decision handed down by Judge James A. Lowell in the United States District Court at Boston.
A suit brought by the Submarine Signal Corporation against the General Radio Company, in which the corporation charged infringement on the Fessenden patent, brought the issuance of this statement from Judge Lowell:
"The apparatus is akin to Bell's discovery of the telephone. It is quite different from anything in the prior art.
"In my opinion all the features of the plaintiff's claims are present in the defendant's apparatus.
A decree was ordered entered for an injunction against further use of the apparatus by the defendant, the General Radio Company.
In his controversy with the Radio Corporation of America and other radio concerns, which resulted in the lifting of Professor Fessenden to the millionaire class through an out-of-court settlement, he claimed that he was the original inventor of the wireless telephone and the spherescope, a device for the transmission of still and motion pictures into every home having a receiving set. The latter invention has never been offered to the public as a result of litigation.
At the time of his suit he also declared that the Radio Corporation of America and other concerns "have required and now require their employees to assign to them wire and wireless inventions, and also the patents covering the same," and that they "have not only refrained from competition in purchasing or otherwise acquiring from others patents and applications for patents, covering wire and wireless discoveries, inventions, devices and apparatus and rights under such patents and applications, but also by mutual agreement, in combination and for the purpose of obtaining the same at much less than their fair value, at times have refused and now refuse to negotiate for the purchase of such patents, applications and patent rights, and at other times have offered and now offer therefor much less than their fair value."
While Professor Fessenden is loath to discuss the charges as contained in the suit, which he now considers settled, he is bitter in his denunciation of a rule whereby employees are forced to assign their patents and inventions to corporations employing them. He said:
"Such a practice or ruling or custom or whatever you wish to call it, is tantamount to stealing the product of one's brains. A man who invents or devises something should receive a fair reward. But the large corporations, the trusts, apparently think otherwise."
The suggestion boxes in the large plants, whereby employees are made to drop their ideas and notions, should be abolished. Last year in one of the plants of a great electrical corporation, much of whose business is devoted to radio, a young worker dropped into the suggestion box his idea on a certain technical matter.
"That particular suggestion resulted in a saving to the corporation within the first six months of the trial of $100,000. Its savings up to date total $300.000.
"And what did the bright young worker get? He got the large sum of $50 -- yes, yes, he also got his name mentioned in the house organ as a wideawake and alert employee!
"Such methods and practices can't but prove ruinous to the inventive genius of the nation. The trusts have men and things at their mercy. If you cut off the individual inventor your retard development. The big corporations of today don't create their own inventions, nor will they buy patent rights until forced to do so by the fear of competition."
Discussing development and organization, the Boston engineer said:
"The law connecting organizations and development is that no organization engaged in any specific field of work ever invents any important development in that field or adopts any important development in that field until forced to do so by outside competition.'"
In support of his "law," Professor Fessenden points out that the telegraph companies did not invent the cable, as well as calling attention to the fact that even after its laying they continued to build land lines by way of Alaska.
"Neither telegraph nor cable invented the telephone: they turned it down when offered to them for $250,000. Nor did the telegraph, cable and telephone companies invent the wireless telegraph. They turned it down when offered them. And it was the same with the wireless telephone. They turned it down when first offered them.
"And some branches of the United States Government are not a whit better than "big business" in their lack of foresight and judgment. The United States Navy Department did not invent the wireless compass or the echo continuous sounding machine. The Navy rejected them when offered."
The noted engineer decried the tendency of "big business" to placing on the pedestal the individual practice of shunting to the side the technical man for the "super-salesman," he said.
If ever there was a lot of bunk it is the idea of "big business" in hiring men because of their personality -- their ability to establish contacts and with the thing called in landing an order.
All very good for the time being , but what happens if there are no more melons to be sold? The super-salesman, the chap with the personality does not provide the thing to be sold -- it is the inventor, the technical man.
"While I was victorious in my latest brush with the radio trust, I never once lost sight of the fact through my litigation that I would be helping to make the road easier for the inventors, including myself, to give to the public the result of our brain and labor."

Reginald A. Fessenden vs. General Electrical Company et al.
It is agreed that the following entry be made in the above entitled case: Judgment for the defendants without costs, it being stipulated, however, that this judgment is not entered on the ground of the invalidity of any of the plaintiff's patents referred to in the declaration or on the ground that there have been no infringements of said patents, and further, this judgment shall have no bearing on the question of validity or invalidity or of infringement or non-infringement of said patents.
(Signed) Reginald A. Fessenden, plaintiff: Boyd B. Jones, attorney for plaintiff; Choate, Hall & Stewart, Marcus Jenckes, attorneys for the General Electric Company, the Radio Corporation of America and the Westinghouse Electric and Manufacturing Company; Charles M. Thayer, attorney for the American Telephone and Telegraph Company and the Western Electric Company, Inc.; Robert G. Dodge and John L. Warren, attorneys for the United Fruit Company and the Wireless Specialty Appliance company.
April 4, 1928.
J. Morton.
Judgment for the defendants without costs, pursuant to the agreement.
Attest: John E. Gilman Jr., Deputy Clerk


4. Related Stories /

PART ONE -- 1928
PART TWO -- 1928

More Articles • Converging News 252006 / TeleCom BuyOuts, Spinoffs and Asset Seizure Boom

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