Philip Drinker versus John Haven Emerson: Battle of the iron lung machines, 1928–1940

Abstract

The “iron lung,” originally known as the Drinker respirator, was developed in 1928 by Dr Philip Drinker and Dr Louis Agassiz Shaw to improve the respiration of polio patients. In 1931, John Haven Emerson, an inventor from Cambridge, MA, enhanced the design of the Drinker respirator and introduced a new and highly improved model of the iron lung that was cheaper and significantly lighter. Dr Drinker eventually filed a lawsuit against Emerson for alleged patent infringement. In his defense, Emerson argued that devices that help save human lives should be widely accessible to all patients. He also questioned the novelty of Drinker’s design, claiming that Drinker’s device comprised of patented technology that existed since the late 1800s, and that he therefore did not have full ownership of the machine’s intellectual property. Ultimately, the case backfired on Drinker, as he not only lost the court case but also lost the entire panel of patents that were in his possession.