TO THE HONORABLE THE JUDGES OF THE CIRCUIT COURT OF THE UNITED STATES IN AND FOR THE SOUTHERN DISTRICT OF NEW YORK.

Your orators, George M. Ball and Frederic J. Ball, a co-partnership doing business under the firm name and style of New York Gear Works in the Borough of Brooklyn, City, County and State of New York, both being citizens of the said State and having their general office for the transaction of business in the said Borough of Brooklyn, City and State of New York, and being inhabitants thereof, bring this their bill of complaint against John Wanamaker, Thomas B. Wanamaker, L. Rodman Wanamaker, citizens of the State of Pennsylvania, and residents of Philadelphia, Pennsylvania, and Robert C. Ogden, a citizen of the State of New York, and a resident and inhabitant of the Southern District of New York, composing the firm of and doing business under the firm name of John Wanamaker, all citizens of the United States, and having a regular and established place of business in the Borough of Manhattan, City of New York, within the Southern District of New York, where they have committed the acts of infringement complained of herein.

And thereupon your orators complain and say:

That heretofore and before December 13th, 1900, Frederic J. Ball, one of your orators, being then a citizen of the United States, was the true, original and first inventor or discoverer of certain new and useful improvements in Reversing Gear, which were not known or used by others in this country before his invention or discovery thereof and not patented or described in any printed publication in this or any foreign country before his invention or discovery thereof or more than two years prior to his application, and not in public use or on sale for more than two years prior to his application for patent therefor, and which invention had not been abandoned to the public.

That the said Frederic J. Ball on the 13th day of December, 1900 aforesaid, being then, as aforesaid, the first, true and original inventor or discover of said improvements in Reversing Gear, made application in writing to the Commissioner of Patents of the United States for the granting of Letters Patent upon the said inventions and improvements or discoveries, and prior to the granting of the Letters Patent next herein mentioned, duly complied in all respects with all the conditions and requirements of the statutes of the United States in such case made and provided.

That on the 9th day of April, 1901, after due examination as to the novelty and utility of the said inventions and improvements or discoveries, and in full compliance with the statutes of the United States, in such case made and provided, Letters Patent of the United States, being dated on that day, were issued to Frederic J. Ball, whereby there were granted to him, his heirs, executors, administrators, successors or assigns, for the term of 17 years from the said 9th day of April, 1901, the full and exclusive right and liberty of making, constructing, using and vending, to others to be used throughout the United States and Territories thereof, the inventions and improvements or discoveries aforesaid, a true and complete description whereof is given in the words of said Frederic J. Ball in the schedule annexed to said Letters Patent and made a part of the same.

That said Letters Patent were issued in the name of the United States of America, were signed by the Secretary or Acting Secretary of the Interior, were countersigned and sealed with the seal of the Patent Office by the Commissioner or Acting Commissioner of Patents, were numbered 671,747 and were issued and delivered to the said Frederic J. Ball.

That after the issuing of said Letters Patent, the inventions or discoveries were put into use.

That your orators pray that the said Letters Patent and the schedule annexed thereto as aforesaid, may be deemed and taken as a part of this bill; and to the originals of the same, or duly authenticated copies thereof in Court to be produced, your orators pray leave to refer.

That by an instrument in writing, dated the 20th day of March, 1901, and recorded in the Patent Office on or about the 4th day of April, 1901, the said Frederic J. Ball did sell and assign to George Milton Ball, one of the complainants herein, one half of his entire right, title and interest in and to the said invention and in and to any Letters Patent that might be granted therefor, the same to be held and enjoyed by the said George Milton Ball, his heirs, executors and assigns to the full end of the term for which said Letters Patent might be granted; the original of which assignment or certified copy thereof is ready here in Court to be produced, or otherwise as your Honors may direct and thereafter, to wit, that on or about the 2nd day of November, 1904, by an instrument in writing, recorded in the United States Patent Office on or about the 4th day of November, 1904, the said George Milton Ball and Frederic J. Ball did give and grant for a valuable consideration, unto the co-partnership of New York Gear Works, constituted by said George Milton Ball and Frederic J. Ball, all the right, title and interest in and to the said Letters Patent, to have and to hold the same unto the said New York Gear Works and to their legal representatives and assigns to the full end of the term for which said Letters Patent were granted. The original of which assignment or certified copy thereof is ready here in Court to be produced or otherwise as your Honors may direct.

That by virtue of the said assignment and the other premises herein recited your orators became and now are and were at all times herein before recited the exclusive owners of the inventions set forth in the said Letters Patent together with all the rights and licenses, options, advantages, benefits and privileges thereunder, and also all the claims, demands, sums of money, remedies, actions and causes of action to which the proprietors of the said inventions and Letters Patent were or many have been entitled, and which they had or might thereafter have against any other party.

And your orators further show unto your Honors that the said Frederic J. Ball on the 30th day of January, 1902, being then a citizen of the United States, was the true, original and first inventor or discoverer of certain new and useful improvements in Reversing Mechanism not known or used by others in this country before his invention or discovery thereof, and not patented or described in any printed publication in this or any foreign country before his invention or discovery thereof or more than two years prior to his application, and not in public use or on sale in this Country for more than two years prior to his said application and not contrary to the provisions of the statutes of the United States in such case made and provided, and had not been abandoned to the public.

That the said Frederic J. Ball, being then as aforesaid, the first, true and original inventor or discoverer of said improvements in Reversing Mechanism, made application in writing to the Commissioner of Patents of the United States for the granting of Letters Patent upon the said inventions and improvements or discoveries, and prior to the granting of the Letters Patent next herein mentioned, duly complied in all respects with all the conditions and requirements of the statutes of the United States in such case made and provided.

That on the 12th day of January, 1904, after due examination as to the novelty and utility of the said improvements and discoveries and in full compliance with the statutes of the United States in such case made and provided, Letters Patent of the United States being dated on that day, were issued to Frederic J. Ball whereby there were granted to him, his heirs, executors, administrators, successors or assigns for the term of 17 years from the said 12th day of January, 1904, the full and exclusive right and liberty of making, constructing, using and vending, to others to be used throughout the United States and Territories thereof, the inventions and improvements or discoveries aforesaid, a true and complete description whereof is annexed to said Letters Patent and made a part of the same.

That the said Letters Patent were issued in the name of the United States of America, were signed by the Secretary or Acting Secretary of the Interior, were countersigned and sealed with the seal of the Patent Office by the Commissioner or Acting Commissioner of Patents, were numbered 749516 and were issued and delivered to the said Frederic J. Ball.

That after the issuing of said Letters Patent, the inventions or discoveries were put into use.

That your orators pray that said Letters Patent and the schedule annexed thereto as aforesaid, may be deemed and taken as a part of this bill; and to the originals of the same, or duly authenticated copies thereof in Court to be produced, your orators pray leave to refer.

That by an instrument in writing dated the 2nd day of November, 1904, and recorded in the Patent Office on or about November 4th, 1904, the said Frederic J. Ball did sell, assign and set over unto your orators the full and entire right, title and interest in and to the said Letters Patent and improvements to have and to hold the same unto the said New York Gear Works, your orators, and unto their legal representatives and assigns to the full end of the term for which said Letters Patent may be granted.

That by virtue of such assignment and the premises herein before mentioned your orators became and now are the exclusive owners of the said Letters Patent and entitled to exercise the aforesaid exclusive right and license.

And your orators further show unto your Honors that the said Frederic J. Ball on the 10th day of December, 1903, being then a citizen of the United States, was the true, original and first inventor or discoverer of certain new and useful improvements in Reversing Mechanism not known or used by others in this country before his invention or discovery thereof, and not patented or described in any printed publication in this or any foreign country before his invention or discovery thereof or more than two years prior to his application, and not in public use or on sale in this country for more than two years prior to his said application and not contrary to the provisions of the statutes of the United States in such case made and provided, and had not been abandoned to the public.

That the said Frederic J. Ball, being then, as aforesaid, the first, true and original inventor or discoverer of said improvements in Reversing Mechanism, made application in writing to the Commissioner of Patents of the United States for the granting of Letters Patent upon the said inventions and improvements or discoveries, and prior to the granting of the Letters Patent next herein mentioned, duly complied in all respects with all the conditions and requirements of the statutes of the United States in such case made and provided.

That on the 12th day of January, 1904, after due examination as to the novelty and utility of the said improvements and discoveries and in full compliance with the statutes of the United States in such case made and provided, Letters Patent of the United States being dated on that day, were issued to Frederic J. Ball whereby there were granted to him, his heirs, executors, administrators, successors or assigns for the term of 17 years from the said 12th day of January, 1904, the full and exclusive right and liberty of making, constructing, using and vending, to others to be used throughout the United States and Territories thereof, the inventions and improvements or discoveries aforesaid, a true and complete description whereof is annexed to said Letters Patent and made a part of the same.

That the said Letters Patent were issued in the name of the United States of America, were signed by the Secretary or Acting Secretary of the Interior, were countersigned and sealed with the seal of the Patent Office by the Commissioner or Acting Commissioner of Patents, were numbered 749602 and were issued and delivered to the said Frederick J. Ball.

That after the issuing of said Letters Patent, the inventions or discoveries were put into use.

That your orators pray that said Letters Patent and the schedule annexed thereto as aforesaid, may be deemed and taken as a part of this bill; and to the originals of the same, or duly authenticated copies thereof in Court to be produced, your orators pray leave to refer.

That by an instrument in writing dated the 2nd day of November, 1904, and recorded in the Patent Office on or about November 4th, 1904, the said Frederic J. Ball did sell, assign and set over unto your orators the full and entire right, title and interest in and to the said Letters Patents and improvements to have and to hold the same unto the said New York Gear Works, your orators, and unto their legal representatives and assigns to the full end of the term for which said Letters Patent may be granted.

That by virtue of such assignment and the premises herein before mentioned your orators became and now are the exclusive owners of the said Letters Patent and entitled to exercise the aforesaid exclusive right and license.

And your orators further show unto your Honors on information and belief and therefore aver that the said improvements and inventions or discoveries so patented as aforesaid, are of very great utility, and that the same have been extensively introduced into public use; that the public has generally acknowledged and acquiesced in your orators exclusive rights to the same, and in the fact that the said Letters Patent is a good and valid Patent, and that the said Frederic J. Ball was the first, true and original inventor or discoverer of the inventions and improvements of said Letters Patent, and that the public has generally acknowledged that the said inventions and improvements or discoveries are of great utility.

That your orators prior to the commencement of this suit have caused due notice of the existence of said Letters Patent to be given to the said defendants, and have notified them of their infringement thereof and requested them to desist from their use thereof, which request was not complied with.

And your orators further show unto your Honors that the said inventions and improvements or discoveries are of great utility, and that each of the said improvements or discoveries described and claimed in said Letters Patent aforesaid are capable of conjoint use in one and the same structure, and are, in fact so conjointly used by the defendants in the acts of infringement complained of herein.

That your orators are informed and believe, and therefore aver, that the said defendants, John Wanamaker, Thomas B. Wanamaker, L. Rodman Wanamaker and Robert C. Ogden, now compose, and at the time or times referred to in this bill, composed the firm of John Wanamaker, and having a regular and established place of business in the Southern District of New York, as aforesaid, with agents engaged in conducting said business.

That your orators have been informed and believe, and therefore aver, that the defendants, John Wanamaker, Thomas B. Wanamaker, L. Rodman Wanamaker and Robert C. Ogden, composing the said firm of John Wanamaker, having notice of said Letters Patent, numbers 671747; 749516; 749602, and while knowing the facts herein before set forth, and the rights and privileges secured unto your orators under said Letters Patent, and contriving to injure your orators, and in order to deprive your orators of the profits, benefits and advantages which might and otherwise would have accrued to your orators from the said inventions and improvements or discoveries of said Letters Patent, numbers 671747; 749516; 749602, and without the license or permission of your orators, and against their will and protest, and in violation of their rights in said Letters Patent, and since the giving of the written notice aforesaid, and prior to the commencement of this suit, and at divers times before and since those dates, unlawfully and wrongfully procured from the Ford Motor Company, and from other makers not licensed under said Letters Patent, and caused to be made thereby, and have offered, exhibited and advertised for sale, used and sold, and caused to be offered, exhibited and advertised for sale, used and sold, within the Southern District of New York, and now continue and threaten to continue to offer, exhibit and advertise for sale, sell and use, within the Southern District of New York, for their own benefit, profit and advantage, Variable Speed Gearing and Reversing Mechanism for vehicles or automobiles, manufactured by the said Ford Motor Company, and by other makers not licensed under the said Ball Patents, each and all of said vehicles containing, embodying and employing the inventions and improvements or discoveries of said Letters Patent herein before referred to and each of them or substantial or material parts thereof, the exclusive right to which is secured to your orators, as herein before set forth, and which said unlawful acts are an infringement upon your orators' rights under said Letters Patent herein before referred to; and have resulted and will result, if continued, in manifest and irreparable injury to the said rights of your orators.

That your orators would, but for the said wrongful acts and doings of said defendants and each of them, and others acting in concert with them, have made large gains, profits and advantages from the manufacture, use and sale of the said inventions and improvements or discoveries; and your orators would, but for the wrongful acts and doings of said defendants and each of them, and others acting in concert with them, now be enabled to use the said inventions and improvements or discoveries to which your orators are entitled to the exclusive right as aforesaid, with profit and advantage, but that by the said wrongful acts and doings are now prevented and hindered from so doing.

That the said defendants, and each of them, have derived and received, and are still deriving and receiving, from the aforesaid unlawful and wrongful use, great gain and profit, but to what amount your orators are ignorant and cannot set forth, but your orators pray discovery that the said defendants may be required to make a disclosure of all such gains and profits.

That the defendants, and each of them, by reason of the premises aforesaid, had and have notice of your orators' rights under the said Letters Patent herein before referred to, and of their infringement thereof; that by reason of which your orators are and have been greatly injured, and are deprived and prevented from receiving the gains and profits to which they are lawfully entitled from the exclusive rights and privileges so granted and secured to them as aforesaid, and which they would have derived and acquired, and would now derive and acquire, but for the said wrongful acts of the said defendants; and that if said defendants, and each of them, are not enjoined, as prayed for herein, they and each of them will continue to infringe, and lead and induce others to infringe, whereby your orators would be greatly and irreparably injured.

WHEREFORE your orators pray:

That the said defendants, and each of them, may be compelled, by a decree of this Honorable Court, to account for and pay over unto your orators all such gains and profits as have accured or arisen to, or have been earned or received by the said defendants, and all/such gains and profits as your orators would have received but for the said wrongful acts and doings of the said defendants, and all damages your orators have sustained thereby; and that this Honorable Court will assess the same, or cause them to be assessed under its direction, and will increase the same, in its discretion, as provided by law, by reason of the willful infringement herein before complained of.

That the said defendants, and each of them, their and each of their associates, attorneys, solicitors, clerks, servants, agents, workmen and employees, may be perpetually enjoined and restrained, by the decree of this Court, from directly or indirectly making, or causing to be made, using or causing to be used, or offering or advertising for sale, or causing to be offered or advertised for sale, or selling or causing to be sold to others, in any manner, any Reversing Gear, Variable Speed Gear, or any devices or apparatus containing, embodying or employing the said inventions and improvements or discoveries granted by the said Letters Patent herein before referred to, or substantial or material parts of the same, or from infringing upon or violating the said Letters Patent in any way whatsoever.

That the said defendants, and each of them, may be decreed to pay the costs, charges and disbursements of this suit; and that your orators may have such other relief as the equity of this case may require, and as to your Honors may seem meet.

That the defendants, and each of them, shall make full, true and perfect answer, but not under oath, (an answer under oath being expressly waived) according to the best of their, and each of their, knowledge, remembrance, information and belief, to the several matters herein before averred and set forth, as full and particular as if the same were here repeated paragraph by paragraph, and they hereto severally and specifically interrogated.

That a writ of subpoena ad respondendum may be issued out of and under the seal of this Honorable Court, directed to each of the defendants, John Wanamaker, Thomas B. Wanamaker, L. Rodman Wanamaker and Robert C. Ogden of the firm of John Wanamaker, commanding them, and each of them to appear and make answer unto this Bill of Complaint, to perform and abide by such an order and decree herein as to this Court may seem required by the principles of equity and good conscience.

That your Honors will grant unto your orators a provisional preliminary injunction issuing out of and under the seal of this Honorable Court enjoining and restraining the defendants, John Wanamaker, Thomas B. Wanamaker, L. Rodman Wanamaker and Robert C. Ogden of the firm of John Wanamaker, and each of them, their associates, attorneys, solicitors, clerks, servants, workmen, employees and agents, to the same purport, tenor and effect herein before prayed for.

State of New York,

County of New York,

Southern District of New York. --- ss.

Frederic J. Ball, being duly sworn, deposes and says:

That he is a member of the firm constituted by George M. Ball and Frederic J. Ball, doing business under the name and style of New York Gear Works, and that he is one of the complainants named in the foregoing Bill of Complaint, that he has read the said bill, subscribed by him, and knows the contents thereof; that the same is true of his own knowledge, except as to matters which are therein stated to be alleged upon information and belief, and as to those matters he believes it to be true: and that he verily believes himself to be the original, first, and sole inventor of the improvements described in the aforesaid Letters Patent Nos. 671747; 749516, and 749602.