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The Wrights had thought of this; it was in Claim 1 of their patent" (Heppenheimer, 2003, p. 324). However, Claim 1 was not part of the litigation, which meant that the remaining Wright brother, Orville (Wilber died in 1912), had to file a brand new suit, which he did in 1914 (Heppenheimer, 2003, p. 324). This second suit dragged on until 1917, when it became obsolete because of World War I. The U.S. government ordered a massive number of airplanes to fight the war, and patent holders all pooled their resources to help the government. By this time, Curtiss had numerous patents of his own, and he never instigated a patent lawsuit, believing the technology and shared information was far more important than patent infringement (Heppenheimer, 2003, p. 330). His flying boats were being used by England before America entered the war, and to get around the lawsuit, Curtiss built his planes in the U.S., but built the ailerons in Canada, shipping the planes there to have the ailerons installed, because Canada did not recognize American lawsuits (Heppenheimer, 2003, p. 329).
While Curtiss ended up essentially losing the lawsuit, it has long been recognized the Wrights patent was entirely too broad and judges gave it incredible leeway. Another historian notes, "In Hammondsport, the old-timers used to say that if you jumped up in the air and flapped your arms you'd be infringing on the Wrights' patent" (Shulman, 2002, p. 41). Curtiss' ailerons were far superior to the Wrights' system of "wing warping," and it did not rely on the Wrights' designs for its innovation. Other aviators preferred his ailerons, too. Heppenheimer...
Even so, the Wrights continued to warp their wings (Heppenheimer, 2003, p. 325). Curtiss also invented many other items that are still in use in aviation, while the Wrights' systems are all lost to history. Heppenheimer notes, "By bringing the gyroscope to aviation, Curtiss showed that he certainly was far from being merely a patent infringer. He was an innovator of the first rank. The gyro proved to be the critical element in cockpit instruments for safe flight" (Heppenheimer, 2003, p. 327). Curtiss was not a patent infringer, and he did not infringe on the Wrights' patent. Instead, he took an existing technology and greatly improved upon it, something the Wrights could not and would not support.
In conclusion, Curtiss is not nearly as remembered as the Wright Brothers for his contributions to aviation, and that is a low point in American history. Curtiss really innovated modern aviation and the use of aviation by the military, and it is sad that he is most often remembered for his lawsuit with the Wrights, rather than is many other aviation innovations and ideas.
References
Editors. (2009). Glenn Curtiss and the Wright patent battles. Retrieved 14 Jan. 2009 from the Centennial of Flight Web site: http://www.centennialofflight.gov/essay/Wright_Bros/Patent_Battles/WR12.htm.
Heppenheimer, T.A. (2003). First flight: The Wright Brothers and the invention of the airplane. Hoboken, NJ: Wiley.
Shulman, S. (2002). Unlocking the sky: Glenn Hammond Curtiss and the race to invent the airplane.
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