John & Georg's Ears; an 8 Years Legal Issue

Doubs · 10-04-2021, 06:02 PM

What's the connection between John M. Browning, possibly America's greatest firearms inventor and Georg Luger? It's an interesting story to be sure.

In late 1894 or early 1895, John M. Browning made sketches of an idea for a semi-auto shotgun based on a toggle action. The idea was laid aside until late 1897 when a crude prototype was made by John's brother Ed. The project was shelved until the Fall of 1898 when John Browning returned from Europe. On November 9, 1898, the shotgun was ready to be taken afield. With a second person, 75 shells were fired without mishap. In March, 1899, Hans Tauscher visited the Brownings in Utah and during what seems to have been a pleasant stay, was given a demonstration of the shotgun. Browning filed for a patent on 6 May, 1899, and sold the design to Winchester on 20 May, 1899. The contract with Winchester stipulated that because the mechanism was similar to that used by the Borchardt pistol, there must be no problem with Herr Borchardt. There wasn't.... but not so with Georg Luger. His attorney contacted Browning's attorney threatening to file suit and prevent Browning's shotgun from being sold in Europe unless Browning acknowledged in writing that the toggle opening mechanism was Luger's invention. Browning refused.

Beginning in 1900, Luger contested Browning design in court, a case that lasted 8 years. Luger contended that Browning had learned of his design while on a transatlantic voyage from Hans Tauscher. They were on the same ship but Browning claimed that they never met during the trip.

Tauscher, who could have cleared the matter up easily, sided with Luger. What couldn't be explained was the fact that Browning's patent had been filed before any information about Luger's work had been made public in any way. The US Patent Office ruled in favor of Browning and set the stage for the legal battle. It should be noted that Browning's "ears" that opened his toggle action were almost triangular in shape and internal while Luger's ramps are external.

Two weeks later on 28 August, 1900, Georg Luger, asked that the patent lawsuit be dissolved with the understanding that neither he nor Browning had invented the toggle opening idea and that it was based on previous inventions. Both Browning and the US Patent Office rejected the offer. The Patent Office thought the ideas so similar that a decision should be made.

Hans Tauscher, who could have cleared up the matter, took the side of Georg Luger and claimed that he had described the toggle opening mechanism to John Browning during daily discussions aboard the ship during the previously mentioned trip. Browning denied having talked to Tauscher at all during the trip. While Luger insisted that he had invented the system in 1898, his patent application filed in the US on 29 April, 1899, shows the original Borchardt toggle system.

The Patent Officer examiner explained that even if Luger's account of his work and Tauscher's story was true, Browning had almost completed his shotgun before the voyage took place. The case was ruled in favor of Browning and an appeal to the U.S. District Court in Washington was also ruled in Browning's favor.

In 1905, Browning and Colt tried to bring an injunction against the sale of the Luger in the US. After three more years of litigation, the matter was decided in favor of Luger, noting that Browning's toggle action shotgun had not been manufactured and was too similar to other mechanisms to warrant patent protection. Browning and Colt were ordered to pay Luger's court costs - plus interest - of $1,034. Thus ended the argument over John and Georg's "ears".

The above information comes largely from the new book "THE GUNS OF JOHN MOSES BROWNING".

10-04-2021, 06:02 PM	#1
Doubs User Join Date: Jun 2002 Location: Byron, Georgia Posts: 1,700 Thanks: 792 Thanked 1,692 Times in 555 Posts	John & Georg's Ears; an 8 Years Legal Issue What's the connection between John M. Browning, possibly America's greatest firearms inventor and Georg Luger? It's an interesting story to be sure. In late 1894 or early 1895, John M. Browning made sketches of an idea for a semi-auto shotgun based on a toggle action. The idea was laid aside until late 1897 when a crude prototype was made by John's brother Ed. The project was shelved until the Fall of 1898 when John Browning returned from Europe. On November 9, 1898, the shotgun was ready to be taken afield. With a second person, 75 shells were fired without mishap. In March, 1899, Hans Tauscher visited the Brownings in Utah and during what seems to have been a pleasant stay, was given a demonstration of the shotgun. Browning filed for a patent on 6 May, 1899, and sold the design to Winchester on 20 May, 1899. The contract with Winchester stipulated that because the mechanism was similar to that used by the Borchardt pistol, there must be no problem with Herr Borchardt. There wasn't.... but not so with Georg Luger. His attorney contacted Browning's attorney threatening to file suit and prevent Browning's shotgun from being sold in Europe unless Browning acknowledged in writing that the toggle opening mechanism was Luger's invention. Browning refused. Beginning in 1900, Luger contested Browning design in court, a case that lasted 8 years. Luger contended that Browning had learned of his design while on a transatlantic voyage from Hans Tauscher. They were on the same ship but Browning claimed that they never met during the trip. Tauscher, who could have cleared the matter up easily, sided with Luger. What couldn't be explained was the fact that Browning's patent had been filed before any information about Luger's work had been made public in any way. The US Patent Office ruled in favor of Browning and set the stage for the legal battle. It should be noted that Browning's "ears" that opened his toggle action were almost triangular in shape and internal while Luger's ramps are external. Two weeks later on 28 August, 1900, Georg Luger, asked that the patent lawsuit be dissolved with the understanding that neither he nor Browning had invented the toggle opening idea and that it was based on previous inventions. Both Browning and the US Patent Office rejected the offer. The Patent Office thought the ideas so similar that a decision should be made. Hans Tauscher, who could have cleared up the matter, took the side of Georg Luger and claimed that he had described the toggle opening mechanism to John Browning during daily discussions aboard the ship during the previously mentioned trip. Browning denied having talked to Tauscher at all during the trip. While Luger insisted that he had invented the system in 1898, his patent application filed in the US on 29 April, 1899, shows the original Borchardt toggle system. The Patent Officer examiner explained that even if Luger's account of his work and Tauscher's story was true, Browning had almost completed his shotgun before the voyage took place. The case was ruled in favor of Browning and an appeal to the U.S. District Court in Washington was also ruled in Browning's favor. In 1905, Browning and Colt tried to bring an injunction against the sale of the Luger in the US. After three more years of litigation, the matter was decided in favor of Luger, noting that Browning's toggle action shotgun had not been manufactured and was too similar to other mechanisms to warrant patent protection. Browning and Colt were ordered to pay Luger's court costs - plus interest - of $1,034. Thus ended the argument over John and Georg's "ears". The above information comes largely from the new book "THE GUNS OF JOHN MOSES BROWNING".