Creating an Industrial Empire in 19th Century Parallel World-Chapter 82: Axelsen & Nielsen Air Brake Co. v New York Air Brake Co.

The atmosphere in Mr. Simmons' office was tense, as he sat at his desk poring over the legal complaint submitted by the Axelsen & Nielsen Air Brake Company. His lawyer, Mr. Thompson sat opposite him, looking concerned as he explained the situation to his client.

"As you can see in that document, the Axelsen & Nielsen Air Brake Company has filed for an injunction. They believe that you infringed their patents, producing and manufacturing it without their permission."

Simmons sighed and placed the file down on his desk. "This is ridiculous, I knew this would happen."

"Happen what?" Mr. Thompson asked.

"That they are going to do this. I didn't copy their air brake technology. The air brake that we are manufacturing is new and different from theirs."

"Not according to their lawyer who said that you simply changed the piping diagram, isn't it, Mr. Simmons?"

Simmons leaned back in his chair, looking exasperated. "No, as I have mentioned to you earlier, I didn't copy their technology. It was mine, the designs are mine, although it worked in the same principle still the design is not that similar to theirs."

"Mr. Simmons, I'm warning you, this is serious. You don't know who the backer of the Axelsen & Nielsen Air Brake Company is. It's Lady Caroline Dupont and Mr. John Morgan. If the court ruled in their favor, your fledgling company will end before you can even start shipping out air brakes to your clients."

Simmons clenched his jaw, feeling a surge of defiance. "Then let them have it proved in court, that my design is new and different from the Axelsen & Nielsen Air Brake Company. I won't let them bully me into submission. I'll fight this until the end."

Mr. Thompson shook his head, looking worried. He knew that Simmons was playing a dangerous game, but there was nothing he could do to stop him. Only time would tell who would come out on top in this battle of patents and rival air brake companies.

***

Four weeks had passed since Poul and Jonathan hired George Harding to file an injunction against the New York Air Brake Company for infringing on their patent. Now, they sat in the United States District Court for the Southern District of New York, staring across the aisle at Mr. Simmons, the man responsible for copying their invention and selling it to their clients at a reduced cost.

Poul's eyes narrowed at the sight of Simmons. "So that's the guy, huh? He thinks he can make easy money by copying our invention. That's where he's wrong."

Jonathan nodded. "But who knows, Poul. He showed up in court, which means he's confident that he didn't infringe on our patent. Well, be that as it may, we already confirmed it from the blueprint alone."

Poul smirked in agreement, then glanced over his shoulder at Ms. Weiss, Lady Caroline Dupont, and Mr. Morgan, who were seated behind them. Ms. Weiss waved a hand at them and raised a thumbs up. Poul placed his hand over his chest and courteously bowed.

The judge entered the courtroom, and the room hushed in anticipation. He settled into his chair, peered down at the papers in front of him, and then looked up to address the courtroom.

The case at hand was the Axelsen & Nielsen Air Brake Co. v. New York Air Brake Co. The question before the court was whether the New York Air Brake Company had infringed on Axelsen & Nielsen's patent for the air brake system for steam locomotives.

"This is a case regarding patent infringement," he began. "The plaintiff, the Axelsen & Nielsen Air Brake Company, claims that the defendant, the New York Air Brake Company, has infringed upon their patent by manufacturing and selling a product that is strikingly similar to theirs."

Poul and Jonathan leaned forward in their seats, listening intently.

"Mr. Harding, you may proceed with your opening statement."

"Yes, Your Honor," George rose to his feet and began. "Your honor, we are here today on behalf of the Axelsen & Nielsen Air Brake Company, which is the rightful inventor and patent holder of the automatic air brake. The New York Air Brake Company has willfully and deliberately infringed on our client's patent by copying our patented technology and making only minor alterations to the piping diagram. This infringement has caused our clients' significant financial harm and irreparable damage to their business. We are here today to seek justice for our clients and to protect their patent rights."

"Mr. Thomson, you may begin your opening statement."

"Yes, Your Honor," Thompson rose to his feet and began. ""Your honor, we are here today to defend the New York Air Brake Company against allegations of patent infringement. While it is true that our client's air brake system may bear some resemblance to the patented technology of the Axelsen & Nielsen Air Brake Company, there are significant differences between the two designs. The changes made to the piping diagram are not merely cosmetic but represent significant improvements to the functionality of the system. Therefore, we do not believe that the defendant's air brake system is infringing on the plaintiff's patent. We ask that you carefully consider the evidence presented by both parties and render a fair and just decision."

"Thank you, Mr. Harding and Mr. Thomson. Now, let me ask a few questions to clarify some of the issues before us," the judge said.

He turned his attention to George Harding, who stood up straight, ready to answer any questions the judge had.

"Mr. Harding, your client claims that the New York Air Brake Company has willfully and deliberately infringed on their patent by copying their patented technology. Can you please provide more evidence to support this claim?" the judge asked.

"Certainly, Your Honor. We have found that the defendant's air brake system is almost identical to the patented technology of the Axelsen & Nielsen Air Brake Company. The only differences are some minor alterations to the piping diagram. However, these changes do not change the fundamental principles of the air brake system, which our client has patented," George responded.

The judge then turned to Mr. Thompson, "Mr. Thompson, what is your defense for the New York Air Brake Company?"

"We believe that there are significant differences between the air brake system of our client and that of the plaintiff. The changes we made to the piping diagram are not merely cosmetic but are essential improvements to the functionality of the system. We do not believe that the defendant's air brake system is infringing on the plaintiff's patent," Thompson said.

The judge then asked, "Can you provide more specific evidence to support your claim, Mr. Thompson?"

"Your Honor, the improvements that we have made to the air brake system are significant and go beyond mere cosmetic changes to the piping diagram. Our changes represent an innovative approach to the technology that improves its functionality and overall efficiency," Thompson explained.

He continued, "For example, we have added a pressure reducing valve to the main reservoir, which reduces the pressure of the air supplied to the brake system. This feature is not found in the plaintiff's patent and has been instrumental in improving the reliability and safety of our air brake system. Additionally, we have made changes to the brake cylinder design, which has resulted in a more efficient and responsive braking system. Our changes have been tested and proven to be effective in real-world applications."

Thompson paused and looked at the judge. "Your Honor, we believe that these improvements are a significant departure from the plaintiff's patent and that our air brake system does not infringe on their patent."

The judge listened intently and nodded, making notes on his pad. "Thank you. Mr. Thompson, now Mr. Harding, please state your defense."

George Harding rose to his feet, ready to counter Thompson's argument. "Your Honor, while Mr. Thompson makes a compelling case for the differences in the piping diagram, the fundamental principles and concepts of the air brake system remain the same. The New York Air Brake Company may have made some changes to the piping diagram, but the essence of the system is still the same as the one patented by my clients, Axelsen & Nielsen Air Brake Company. These changes do not represent significant improvements to the functionality of the system, as Mr. Thompson suggests, but rather a deliberate attempt to copy and profit from my client's invention. It is clear that the New York Air Brake Company has infringed on Axelsen & Nielsen's patent, and we ask for a ruling in our client's favor."

The judge nodded and scribbled some notes. "Thank you, Mr. Harding. Mr. Thompson, do you have anything further to add to your argument?"

Thompson stood up and adjusted his jacket. "Your Honor, while my client acknowledges that the Axelsen & Nielsen Air Brake Company was the original inventor of the air brake system, the fact remains that they made only minor alterations to the design to create a more functional and efficient system. These improvements are significant, and they cannot be ignored. It is also important to note that my client has not copied any patented technology or violated any patent rights. The differences in the air brake system are clear and significant, and we ask that you rule in favor of the New York Air Brake Company."

The judge nodded, his expression thoughtful. "Thank you, Mr. Thompson. Mr. Harding, do you have any further arguments to make?"

George Harding rose to his feet once again. "Yes, Your Honor. I would like to remind the court that the patent system exists to protect the rights of inventors, like my clients. The New York Air Brake Company has willfully and deliberately infringed on the patent rights of Axelsen & Nielsen Air Brake Company, causing significant financial harm to our client's business. We ask that you rule in favor of our client and award damages to compensate for this harm."

The judge leaned forward, his gaze intent as he considered the arguments put forward by both parties. He then muttered under his breath. "This is going to be a complex one."

After three hours of deliberation, the judge made his ruling. He cleared his throat and addressed the courtroom.

"After careful consideration of the evidence presented by both parties, I have reached a decision. It is my ruling that the New York Air Brake Company has infringed upon the patent rights of the Axelsen & Nielsen Air Brake Company. The changes made to the piping diagram are not significant enough to be considered a new invention, and the fundamental principles and concepts of the air brake system remain the same. The plaintiff's patent is valid and has been infringed upon by the defendant's air brake system."

Poul and Jonathan looked at each other, elated that justice had been served.

The judge continued, "I hereby order the New York Air Brake Company to cease the manufacture and sale of their infringing air brake system immediately. They are also ordered to pay damages to the Axelsen & Nielsen Air Brake Company to compensate for the financial harm caused by their infringement."

Simmons looked stunned, realizing that his company was going to suffer a significant financial setback. Thompson hung his head, feeling disappointed that they lost the case.

The judge concluded with a strike of a gavel, "This court is adjourned."

Poul and Jonathan, along with Ms. Weiss, Lady Caroline Dupont, and Mr. Morgan, walked out of the courtroom, smiling and shaking hands. They had won a significant victory for their company, and justice had been served.

As they emerged from the courthouse, the warm glow of victory suffused the group. Poul turned to Jonathan and remarked, "Well, that sends a message to others who would dare and try to copy our invention."

"Indeed it does," Lady Caroline Dupont replied with a regal nod, her eyes fixed on Poul. "With this resolution, your clients will undoubtedly return to you, and your company can continue to flourish. The New York Air Brake Company will no longer pose a threat."

"Be ever watchful," Morgan advised. "You never know when someone may try to copy your designs."

"Thank you for your advice, Mr. Morgan," Jonathan replied gratefully.

"Although, let this be a warning to us. We must keep innovating to ensure that our competitors remain far behind," Poul declared. "I've already come up with a new design, completely different from our first."

"Then, let's get started," Jonathan said, eager to take on the next challenge.