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 LATERAL CONTROL
Glenn Curtiss and the Wright Brothers' Patent Battles

A fair amount of flying experimentation had already been accomplished in the U.S. and in Europe by the late 1800's. Otto Lilienthal's published wing-lift tables were the design basis for Octave Chanute's semi-successful multi-wing gliders and for Langley's first model "Aerodromes". Hiram Maxim, famous for inventing the machine gun, built a four-ton behemoth powered by a 360 horsepower steam engine which lifted a few feet off the ground in restrained flight. In an earlier article we had a look at the possible role of Gustave Whitehead in aviation history, but what is clear is that he did not solve the lateral control problem that confronted all flying enthusiasts from the outset.
The Wrights were inspired by the accomplishments of Otto Lilienthal and their efforts encouraged by the enthusiastic support of Octave Chanute. Chanute had written a comprehensive book on flying achievements up to that time and using Lilenthal's wing data, he designed and built gliders that today are considered classics.
The Wrights built a machine from scratch, with their own hands, selecting materials for strength and light weight at a time when few such materials were available; designing and assembling every inch, piece by piece of wood, wire and fabric. They flew their finished glider, manned and unmanned, first as a kite, then in free-flight.
This first aircraft was based on Lilienthal's wing design data and flew fairly well. It also incorporated elements of the box-kite designs of Lawrence Hargraves who held an 'exalted' position in world aviation during his lifetime which is now disregarded as merely a maker and flier of kites. The basic biplane structure with parallel wing leading and trailing edges of the successful "Wright Flyer" should owe some debt to Hargrave and his box-kite. Lilienthal proved that aviation was possible but fatal, Hargrave proved that it was possible and safe and thus Hargrave's stable box-kite structure was used as a basis for flying machines by both the Wrights and by Alberto Santos Dumont's "14bis" (recognised as the first to achieve powered, controlled flight in Europe) rather than the 'cranky' Lilienthal glider.
Wilbur Wright built this kite in 1899 to test whether warping the wings would roll the craft right and left. The kite was controlled from the ground by four cables attached to two sticks. 
It was initially fitted with a moveable "up and down rudder" (elevator); steering rudder was fixed; there was no provision for roll control. The craft was turned awkwardly by the pilot shifting his weight. It was determined that the inclusion of a wing-warping arrangement, cables from the wingtips to a harness worn by the pilot, improved the ability to turn.
Wing-warping twisted the aircraft's wings differentially; the trailing edge of the outer right wing twisted upward, the corresponding area of the left wing, downward. This rolled the airplane to the right; to the left if the wings were twisted vice-versa. 
The Wrights' wings were flexible enough to allow this and were suitably connected by steel wires to a shoulder harness worn by the pilot. 
If the aircraft tended to roll right, for example, the pilot intuitively moved his shoulders to the left and the aircraft corrected itself (like balancing a bicycle). He could deliberately roll right or left during turning to effect smooth, coordinated turns.
The Wrights patented wing-warping before their first powered flight including as well the broad concept of lateral control as necessary to successful flight.
A further addition to their patent, which would prove to be a problem to them in their later litigations, was that vertical rudder corrections were necessary during wing-warping. This was a characteristic peculiar to their "Flyers" which tended to steer when the wings were twisted. They did not recognize that future refinements in lateral control would preclude this.
The Wrights' patent was based on the application they had submitted in 1903 that had included a detailed description and drawings of their control system as applied to a glider. Their application described wing warping, as well as the entire system that allowed the aircraft to be controlled in forward flight. The Wrights had also stated in their application that a feature like ailerons could provide lateral control.
Despite having a patent by the Wrights, the concept of lateral control was so basic to any aircraft design that without it no aircraft could have flown successfully. In Europe little attention was paid to the patents; European aircraft designers blatantly copied the Wrights' lateral control concepts for several years to come.
On September 30, 1907, the Aerial Experiment Association (AEA), was established as a brainchild of the inventor Alexander Graham Bell. The group consisted of a group of aviation enthusiasts Bell had drawn together to build a practical airplane using his wife's funds, Glenn Curtiss was one of the members.
When an AEA member, Lieutenant Thomas Selfridge, wrote to the Wrights in January 1908 for information about aircraft construction, the Wrights answered and referred him to their patent and other publications for more details. The AEA's first aircraft was the Selfridge designed "Red Wing" (named after the color of its cloth wing covering), which was tested on March 12, 1908, in Hammondsport, New York.
It looked much like a Wright biplane, but did not incorporate wing warping. It was immediately realised that lateral control was required. Dr. Bell and his boys were familiar with the Wrights' patent but had no intention of infringing on that design, particularly since everything they did was in the public eye. Bell conceived a new approach; a small independent hinged surface at each of the four wingtips controlled by cords and a harness in the same manner as wing-warping. This surface subsequently became known as the aileron, "little wing" in French; its effect was markedly superior to wing-warping.
"White Wing" was the first airplane in history to incorporate ailerons, followed every airplane subsequently built by the AEA. The Wrights had corresponded with the AEA from time to time, reminding them that they held lateral control patents for which they expected royalties if the Association's aircraft were sold commercially or reaped a profit from exhibition fees. Bell nevertheless applied for a patent on the Hammondsport airplanes entitled, "A New and Useful Improvement in Flying Machines", citing 28 innovations. These included Bell's ailerons, although they were not referred to as such in the patent, but their operation was described in detail. The patent was granted in December, 1911 to the chagrin of the Wrights.
Bell did not believe the Wrights had a case on the aileron issue; the AEA's airplanes were designed for strength and rigidity; wing-warping was impossible and undesirable. The aileron was a device far advanced from the crude methods of the Wrights
The AEA's next project was the "June Bug", a plane designed and piloted by Curtiss. The group hoped to fly this plane to win the prize offered by the Aero Club of America and Scientific American magazine for the first plane to fly a kilometer in a straight line. 
Curtiss first flew the "June Bug" on June 21, 1908, flying more than 3,000 feet (914 meters). The AEA decided to go for the prize on July 4. The Aero Club contacted the Wrights and offered to postpone the attempt so they could enter too. But the Wrights were busy, in addition, they would have had to put wheels on their plane and find a field large enough for an unassisted takeoff run, one of the requirements (at this time the Wrights were using a catapult assisted take-off). So they declined to participate.

The "June Bug", the triangular "ailerons" at the wingtips are clearly visible
On July 4, on his second attempt, Curtiss flew 1.6 kilometers in one minute and 40 seconds, capturing the Scientific American trophy. Orville Wright contacted Curtiss with the warning that they had not given permission for use of their control system "for exhibitions or in a commercial way". The starting bell in the fight had rung.
 

The ailerons between the wings are seen on a Curtiss "Pusher"
The AEA went on to build more aircraft and then disbanded, having built the practical aircraft it had set out to build. When the AEA dissolved, Curtiss moved into more businesslike ventures. He teamed with Augustus Herring, former associate of Octave Chanute, and formed the Herring-Chanute Company. The company built the "Gold Flier", sometimes known as the "Golden Bug", which, in an attempt to avoid the ailerons the Wrights had described in their patent, introduced ailerons that were mounted between the two biplane wings.
Curtiss first flew the biplane on June 16, 1909, at Morris Park in the Bronx in New York. Ten days later, he flew his first circle in front of 5,000 paying viewers. Then he moved to Mineola on Long Island, and on July 17, won the Scientific American trophy for the second time, flying 25 miles (40 kilometers).
The Wrights had seen enough. They filed a patent infringement lawsuit claiming that Curtiss had used the Wrights' lateral control and aileron design without permission. The Aeronautic Society, which had bought the "Golden Flier" and was flying it frequently at exhibitions, agreed to pay the Wrights a percentage of gate receipts from their exhibitions, Curtiss chose to contest the suit. 
In the meantime, Curtiss had left for France to fly a modified "Golden Flier" (the "Reims Racer") in the first major international air show, La Grande Semaine d'Aviation (The Grand Week of Aviation), which was held in August 1909. On August 28, 1909, Curtiss became the recipient of the James Gordon Bennett Cup for flying the fastest average speed over a 20-kilometer (12.5-mile) closed course. He flew the "Reims Racer" with the rudder locked and demonstrated that his ailerons had no steering effect even when performing violent roll maneuvers, but this failed to help him in the ensuing court battles.
The "Reims Racer"

Curtiss at Reims
The battles that followed drained the financial resources of both parties with legal and court fees, Curtiss also found that Herring had mismanaged the Company in his absence but he managed to purchase the Company back.
Lawyers attempted to bring Curtiss and the Wrights together for an amicable settlement, but had no success. Wilbur died of typhoid fever in 1912, the Wright family blamed Curtiss, claiming that Wilbur had lost his health over concern for the patent litigation.
The final verdict came in 1913. Orville Wright, now without Wilbur, was the unmistakable winner. All delays and appeals had been exhausted. The Federal Circuit Court of Appeals ordered Curtiss to cease making airplanes "with two ailerons that operated simultaneously in opposite directions".
Curtiss visited Henry Ford who had earlier won a patent action relating to the automobile, Ford advised Curtiss to use Ford's lawyer. The lawyer encouraged Curtiss to bait Orville to reopen the litigation by devising a new configuration for lateral control using a single aileron situated between the two wings but only on one side, Curtis did this although the plane did not fly as efficiently. Ford's lawyer was able to persuade the court to temporarily stay the old verdict, and the legal battles started again.
As a further attempt to influence the litigation, in 1914 Curtiss agreed to try to fly the Langley "Aerodrome" that hung in the Smithsonian. The idea was to persuade the court that Curtiss' plane was based on Langley's design, not on the Wrights'. The attempt was unsuccessful, Curtiss' attempt at getting the "Aerodrome" to fly required so many specifications as to spoil any claims that it was flightworthy.
The suit finally ended with the advent of World War I when the aircraft manufacturers established the Manufacturers' Aircraft Association to coordinate wartime aircraft manufacturing in the U.S. and formed a patent pool with the approval of the U.S. government. All patent litigation ceased automatically, royalties were reduced to 1% and free exchange of inventions and ideas took place among all the airframe builders.
This arrangement was to have lasted only for the duration of the war, but in 1918, the litigation was never renewed. By this time, Orville had sold his interest in the Wright Company to a group of New York financiers and had retired from the business.
As a final twist, the Curtiss and the Wright Companies merged in 1928 to form the Curtiss-Wright Corporation.

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