I
find few books brilliant and fewer yet deserving of brilliant with exclamation
marks. Last Days of Night is
brilliantly written, brilliantly plotted, has brilliant characterizations,
brilliantly uses historical figures and events and is brilliantly named. Lastly
brilliant is so appropriate for a book focused on electric light.
Set
at the end of the 1880’s Last Days of
Night manages to make a patent law conflict into a riveting thriller. While
ordinarily patent law is a complex, at times esoteric, area of law it comes
vividly alive in Last Days of Night.
Paul
Cravath, 26 years old and barely two years out of Columbia Law School, is
contacted by George Westinghouse to defend his company from patent infringement
allegations made by Thomas Alva Edison.
Edison
alleges Westinghouse has breached Edison’s patent on the electric light bulb.
While the light bulb is a mundane object of little notice in the 21st
Century it was at the forefront of scientific exploration late in the 19th
Century.
Determined
to drive Westinghouse out of business for challenging him, Edison sues
Westinghouse for $1,000,000,000! The one billion dollar claim would be
startling today. It was a staggering amount for late Victorian times.
Why
Westinghouse would retain such young counsel is a reflection of the tightly
connected business world of New York City in that era. Every major law firm in
New York had either worked for Edison or his largest shareholder, J. Pierpoint
Morgan. Cravath was too new to the legal business to have a conflict of
interest.
Following
a legal strategy still used by Big Business almost 130 years later Edison seeks
to overwhelm Westinghouse and Cravath by volume of litigation. Taking to the
courts against Westinghouse’s main corporation and subsidiaries all over
America Edison launches 312 separate court actions. It is legal war over
electric light.
It
is a daunting struggle for the young Cravath. Edison clearly reached the Patent
Office with the first electric bulb patent. Westinghouse, a much better industrialist,
significantly improved the electric bulb and has a much better product.
However, how can he distinguish his light bulb from the patented Edison bulb.
Looking
to penetrate Edison’s actions in inventing the light bulb Cravath searches out,
Reginald Fessenden, recently fired by Edison. A generous offer lures him the
Purdue University campus to Westinghouse.
Fessenden
recommends that Westinghouse recruit the most brilliant inventor of that era,
Nikolai Tesla. (I contend “brilliant” is apt not over-stating Tesla’s intellect.)
The Serbian born scientist is eccentric to the extreme but his restless mind
constantly releases new ideas.
Tesla
aids Westinghouse’s cause by providing breakthroughs in the use of alternating
current (AC). Edison, stubborn beyond scientific reason, uses direct current
(DC) in his machines. The conflict, thus begun over the light bulb, now
includes AC v. DC. An epic legal contest is extended from the light bulb to
which company shall control the production and nature of electricity in America
.
Through
the legal fray there is skulduggery, treachery, a touch of violence and amazing
minds conjuring the future.
In
Cravath’s personal and professional life comes Agnes Huntingdon. The most
popular singer of the day is a beautiful, very self-possessed young woman. The
nature of the relationship between Cravath and Huntingdon surprised this
reader.
It
is the best book I have read in 2017 and a worthy member of the shortlist for
this year’s Harper Lee Prize for Legal Fiction. Best of all it is based on the
truth.
****
Moore, Graham - (2011) - The Sherlockian; Email Exchange with Graham Moore, Author of The Sherlockian on Self-Garroting
Oh, that does sound fascinating, Bill! And the fact that it's based on facts makes it even more so. I don't have a sophisticated understanding of patent law, so it's also good to know that Moore outlines it in a way that
ReplyDelete'the rest of us' can understand, without being condescending. I'm going to look this one up...
Margot: Fear not. The book is far from any technical treatise on patent law. It makes clear why patent law is important and the challenge of attributing discovery. I think you will be absorbed if you are able to read the book.
DeleteThat's quite a recommendation! We know you love a good legal book, but you make this one sound as though it would delight all of us.
ReplyDeleteMoira: Thanks for the comment. I think you would be absorbed in the plot. There are some nice descriptions of clothes especially a dress that started a singing career.
DeleteI thought it was excellent. It takes a story teller to make patent law interesting. All kidding aside, I enjoyed how he was faithful to the history and at the same time made a captivating story. I appreciated that he had the section at the end to outline where and why he deviated from the historical sources. Overall one of the better books I have read in the past few years.
ReplyDeletemike: Thanks for the comment. Patent law in a captivating story reflects a talented writer. I am glad you enjoyed the book. I think would find his earlier book, The Sherlockian, interesting as well.
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