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Chapter 145 Axelsen & Nielsen Electric Manufacturing & Distribution Company V Russell Illuminating Company Part 2



"Yes, Your Honor. I must respectfully object to his assertion that my clients, Poul Nielsen, and Jonathan Axelsen, have infringed upon his patent for power distribution. While it is true that Mr. Russell\'s patent introduced the use of direct current, my clients\' use of alternating current and steam turbines represents a significant improvement to the technology.

"The use of steam turbines in power generation allows for greater efficiency in converting heat into mechanical energy, which can then be used to generate electricity. This is a marked improvement over the use of reciprocating engines such as dynamos, which are less efficient and more prone to mechanical failures.

"Additionally, the use of alternating current in power transmission allows for power to be transmitted over longer distances with less energy loss than direct current. This is because alternating current can be easily transformed into higher or lower voltages, which allows for more efficient transmission over long distances.

"Secondly, the concept of using a filament to produce light was not a new idea at the time. While Mr. Russell\'s design may have used a bamboo filament, my clients\' use of tungsten filaments was a significant improvement in durability and efficiency."

George paused, allowing himself to take a breath as he gathered his thoughts.

"Can you explain further how the use of tungsten filaments was an improvement?" the Judge asked.

"Certainly, tungsten has a higher melting point than bamboo, which means it can withstand higher temperatures without breaking. This allows for brighter and longer-lasting light. Additionally, tungsten is a better conductor of electricity, which means it is more efficient at converting electrical energy into light."

"I see. And what about the claim of patent infringement?"

"My clients\' designs may have used different processes and materials and therefore did not infringe on Mr. Russell\'s patent. While the concept of using a filament to produce light may have been the same, the specific implementation was different enough to warrant a separate patent."

After saying that, Russell\'s lawyer stood and spoke.

"Your Honor, I must respectfully raise an objection. Mr. Harding\'s statement regarding the advantages of my client\'s opposing party\'s system is irrelevant to the current matter at hand and serves only to discredit my client\'s invention. Such statements are a clear attempt to mislead this court and distract from the true issue under consideration. I request that the statement be stricken from the record and that Mr. Harding refrain from making such irrelevant comments in the future."

"Your Honor, if I may respond," George interjected. "I was simply providing additional information to the court to clarify the advancements made by my clients in the field of electric power and light bulbs. It was not my intention to discredit Mr. Russell\'s invention, but rather to highlight the unique features of my clients\' designs."

The judge took a moment to consider the arguments presented before responding.

"Objection overruled. Mr. Harding\'s statements may be relevant to the matter at hand, and he is entitled to present evidence that may be helpful to his case. However, I caution both parties to remain focused on the specific issues in this case and avoid making irrelevant or unnecessary comments. We are here to address the question of patent infringement, and that should remain our primary concern. Please proceed, Mr. Harding."

"Actually, your Honor, I have finished presenting my arguments."

"Is that so? In that case, we\'ll take a thirty-minute break. After thirty minutes, I\'ll make my decision."

The judge banged the gavel, signaling the end of the session. George gathered his papers and along with his clients, walked out of the courtroom.

"How do you think it went?" Poul asked.

"I think it went well," George replied with a smile. "But it\'s hard to say for sure. We\'ll just have to wait for the judge\'s decision."

"No, I think the judge will rule in your favor," Caroline stepped in, giving her comment. "Based on the arguments presented by both sides, I find myself leaning towards your side, Mr. Harding. Our money has not been wasted on you."

"Thank you for your kind praise, Lady Dupont," George bowed his head.

"So, thirty minutes break huh? What should we do with this free time?" Jonathan asked.

"Well, Mr. Axelsen, we will just wait and see what the judge\'s decision is. Are they going to rule in our favor, or against us? But if I may be so bold, I would like to assure you that the judge will side with us."

The thirty-minute break was a welcome respite for everyone in the courtroom. Some chatted amongst themselves, while others left the room to grab a quick snack. George, Poul, and Caroline huddled together in a corner, discussing the case.

The thirty minutes passed quickly, and soon the bailiff was calling for everyone to return to the courtroom. George and his clients took their seats, their eyes fixed on the judge as he took his place behind the bench.

"Thank you for your patience," the judge began. "After carefully considering the evidence presented by both parties, I have come to a decision."

Poul and Jonathan\'s hearts raced as they waited for the judge\'s ruling.

"In this case of patent infringement, I find in favor of the defendant," the judge announced. "Mr. Russell\'s patent is invalid, and the defendant didn\'t infringe upon it. I hereby order the plaintiff to cease any legal action against the defendant and to pay all legal fees incurred by the defendant in this case. In addition, Mr. Nielsen and Axelsen, I find that you did not infringe on Mr. Russell\'s patents, and I declare that you are free to use your own inventions and technologies in the electric power industry."

A wave of relief washed over George and his clients. They had won the case, as expected.

Suddenly, there was a bang on the table.

"This is ridiculous! Why? May I know the reason why?!" Russell demanded, his face turning red with anger.

"The design of power distribution and incandescent light bulbs of the defendant is substantially different from that of the plaintiff\'s, and I must add, superior. It would be unjust and detrimental to innovation and progress in this field if we allowed the improvements made by others to be covered in your patent. Hence, I cannot find any legal grounds to rule in favor of the plaintiff," the Judge explained in a calm tone.

Russell slammed his fist on the table again, causing some papers to fly off.

"This is outrageous! I demand an appeal!" he shouted.

The judge looked at Russell sternly.

"You have the right to appeal, but I must remind you that the burden of proof is on you. You will need to provide new evidence or present a compelling argument to overturn this decision. In closing, I urge all parties to work together to promote innovation and progress in the electric power industry. The benefits of this technology are too great to be hindered by personal interests and rivalries. I hope that this ruling will be a step towards a more open and collaborative approach to the development of electric power."

The courtroom was filled with murmurs and whispers as everyone prepared to file out.

Poul and Jonathan shook hands with George before glancing at the gallery where they saw Caroline and Amelia clapping their hands gently, congratulating them.

Meanwhile, from the opposite side of their table, they saw Russell staring daggers at them. He must have been bitter about the outcome of the case, but Poul and Jonathan knew that they had followed the right path.

Well, Russell lost from the beginning, to begin with. The moment he decided to file a lawsuit, Poul and Jonathan were confident that they\'d win this case. It was a trap set out for him in order to legitimize the use of alternating current as a system of power distribution.

"I\'ll send the check to you in a week, Mr. Harding. As expected, you have done an excellent job."

"Thank you, Mr. Nielsen."

"Mr. Harding, if I may ask, what is the possibility of Russell appealing?" Jonathan asked.

"It\'s hard to say for sure, but I would say it\'s fairly likely," George replied. "Russell is a determined man, and he\'s not going to give up easily. However, I think we have a strong case, and I\'m confident that we can win again if it comes to that."

"Well he can come at us anytime," Poul chuckled.

Now with Russell\'s lawsuit being taken care of, they can now properly begin their electric company and start the project of a metro station in New York.


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