Nikola Tesla To Fight Marconi Patent Suit

Noted Inventor to Aid German Alleged to Have Used Infringement.

Lawyers for Fritz Lowenstein, a German engineer, against whom the Marconi Wireless Telegraph Company has begun suit for an injunction, alleging that certain wireless parts he has sold to the United States Navy Department for use on its battleships are infringements on its patents, may subpoena Nikola Tesla, the noted electrician, as a witness for Mr. Lowenstein when the case comes to trial in the United States Circuit Court, Brooklyn.

Mr. Tesla said yesterday that a careful search of the patent records at Washington will show that he was the first to invent certain wireless devices used by Mr. Lowenstein in his apparatus, on which the Marconi company claims there has been an infringement. Mr. Lowenstein was formerly Mr. Tesla’s assistant.

“Mr. Lowenstein operates under broad patents granted to me on the wireless art,” says Mr. Tesla in a letter to The Sun. He has, however, with rare ingenuity and skill worked out certain practical details, and how much the advantages of the apparatus he manufactures are appreciated is best evidenced by the statement of the Secretary of the Navy, which you have quoted.

“My patents referred to bear the numbers 645,576 and 649,621 and describe a new and original wireless system characterized by the employment of four circuits in perfect resonance, a condition essential to successful practice. Long after their grant to me Marconi filed an application and secured a patent (No. 763,772) which covers exactly the same fundamental arrangements and forms the basis of the present suit.

“Such cases happen occasionally, as it is quite impossible for the examiners in the Patent Office to keep abreast with workers in new and special fields. A notable instance of this kind is my single phase induction motor, on which a celebrated inventor obtained a patent which was subsequently invalidated through my earlier application.

“In a recent suit in France involving the same or corresponding patents the highest court, acting on a statement submitted by me, decided against Marconi and recognized fully my priority of invention in all the important features. I have every reason to expect that when the same facts are presented here a similar conclusion will be reached by the Supreme Court.”