Q 0 pl 

e REF ID:A2736. 

Department of the Anq 

OFFICE <F THE CHIEF SIGNAL OFFICER 

Washington 25 1 D. c. 

17 November 1947 

SUBJECT 1 Infringement Claim of Edward H. Hebern and Hebern Code 1 Inc. 

TO: Chief', Artq Security Agency 

The Pentagon 

Washington 25 1 D. c. 

Attention: Mr. stautter 

1. Mr. Edward H. Hebern, of 485 - 40th street, Oakland Calitorn1a1 

through his attorneys, Barnard & Henry of Washington, D. c., has asserted. 

a claim against the Department of the Armr 1 Department ot the Jlavy 1 and 

Department of the Air Faroe for infringement ot the tollowing u. s. Patents& 

1168.3,072 granted 4 September 1928 - · t .... 

l,861,857 panted 7 JUJ'le 1932 __ ·· -. 2·1267 ,196 granted 23 December 1941. 1 o.~· 

2 1269,341 granted 6 .Ta:nuary 1942 ---· ' ,, · · l, 

2 1373 ,890 granted 17 April 1945 , 1-.k , 

2. Thia Office will investigate such claim as f'ar as it concerna 

the De~rtment of the Army and the Department of the Air Foroe. Close 

liaison will be had with the Department of the Navy to otrrlate any 

d:'uplication of effort. 

3. Since the sub.1 eat matter ot the claim is one within the juris• 

diction of the Anrty Security Agency, it is requested that the following 

information be supplied this Office; 

a. The nomenclature or designatio~ of each type of ArJV and 

Air Force equipment which is covered by or 111\ay possibly be covered by the 

claims of the patents listed above. 

b. '1'he total quantity proou.red and the unit cost ot each of the 

equipments listed in a. 

c. The manufacturer of the iteas listed in a. 

d. Tea.bnical manuals or other literature describing each of the 

equipments listed. in a. 

e. Arl:i' ini'ormation concerning the validity of the patents 

involved, such as public use or sale, publication etc., which intormation 

is readil;y available to the Arsq Security Age1lC7. 

@'pp roved for Release by NSA on 09-13-2013 pursuantto E .0. 1352a 
REF ID:A2736. 

17 November 1947 

4. Inclosed herewith is a copy of each ot the pitents invol"l'ed 

as well as a copy of second indorsement from JAG Patents Group dated 

7 November 1947 grab.ting clearance to this Of'tice on subject olaim, and 

a letter :t'rom the law firm of Barnard & Henry dated 31 October 1947. 

FOR THE CHIEF SID¥At OYFICERt 

3 Inclsi 

1. Ltr to JAG, l Oct 47 1 w/lst Ind, 7 Nov 47 

2. Ltr fm Barnard & 

Henry, 31 Oct 47 

J. Copies ot Patents - 2,267,196 

1,861,8;7 

2 269 341 2::n3:s90 

1,683,072 

2 

/s/ Harn- M. Saragovitz 

HARRY M. SARAGOVll'Z 

Patent Counsel 

Legal Division 
COPX 

REF ID:A2736. 

JAQP (l Oct 47) lst Ind 

JAGO, Dept of the Arlrlf 1 Washington 25 1 D.C. 7 NOV 1947 

TO& Chief Signal Officer, ATTN1 Director, Legal Division 

l. The clearance requested in basic oomm.nnication is 

hereby granted under the provisions of Artq Prooureaent Regulation 8-305.4, l November 1947, in so far as the claim may 

pertain to the Departments of the Arm1' and the Air Force. 

2. A search of the Government Register or Patent Rights 

bas tailed to reveal any instrument of record af'fecting.Hebern 

patents Nos. 1,683,072, 11861,857, 21269,341 or 2,373 18901 or 

:ra.nning patent No. 21267,196. 

3. 'fhe tiles of this office contain no information 

pertinent to the present claim. 

4. In repp>M• to an ~ trom this of.tic• to the 

Department of Jristice as to whether its files contain aey information pertinent to the present claim, that Department in 

a communication dated 2.3 October 19471 signed by Mr. Herbert 

A. Bergson, Acti#g &ssistant Attol"1191' General, made the :f'ollow1.ng report and request: 

has investigated, 

"lo other department 

settled, 

or 

or 

ager,cy 

transmitted 

of the 

a 

~ 

report 

concerning the above patents to this department so 

tar as the records reveal. 

"this department has been advised informally that 

on September 3, 1947 the Secretary of National Defense 

and the Secretaries tor the A.1"1111 1 Navy and Air Forces 

received substantially identical eomamications from 

the law firm of Bormar<l and Hen17, 1422 F street, N. W. 1 

Washington, D. c., setting forth at length a claim tor 

alleged patent infringement. This ti.rm stated that it 

was representing Edward H. Hebern, 485 Fortieth Street, 

Oilkland, CalU'ornia, and his assignee, International 

Code Machine Co+i 139 Nonh Virginia Street, Reno, 

Nnada. 

•Presa reports appearing in the New York Sun ard 

the Philadelphia Bulletin on Sep\ember lO and in the 

Times Herald ot Washington, D. c. for September ll, 
REF ID:A2736 • 

.TAGP (l Oct 47) 

have been called to the attention ot thia department. This bulletin indioated that •Vallejo, Calif'ornia law f'irm including lllis Randall bad 

announoed to the press that cl.aims totaling at 

least tso,000,000 had been tiled with the United 

States Armed Forces alleging i.ntringeinent or hi8 

patents. 

•One or more of these press releases also oame 

to the attention ot Mr. A. Robert Noll ot the Patent 

Department ot the International Business Machines Co., 

590 Madison Avenue, New York 20, B. Y., tor Mr. Noll 

v!aited this department a few dq'a after the pre111 

release and stated that he •• wUl.1.rlg to assist the 

Government in &J\Y' wy tha~ he might be called upon 

in the defense of aJJ7 suit filed under theM patents. 

Yr. Noll as connected with the ilr Corps during the 

recent war and his patents Boe. 21116,?31 • 2 and •3 

were in '\hrM interf'ere:noes numbered. '77 14451 77,446 

and 77, 716, with appl!oatiom resulting in cei-bin 

of the Hebern patents. Mr. Noll et.ates that he has 

no interest. in Win& to set up his patents, that 

he is perte~ willing tori the Government to use 

them. Mr. loll aleo provided copies of the interterenoe records in connection with the above interf'erenc9' and probabl)r has aince contacted the Patent 

Sections ot one or more other Government departments 

with a view to providing them with copies of these 

records. M:r. NoU further stated that Captain Safford 

of the Ba'V)' is familiar with the Hebern patents and 

with the alleged i!lf'ringing machines made probably b,y '!'el~. 

•It is requested that this d9P8rtment be kept advised ooncerning the proceedings in connection with 

this matter." 

5. It 1a understood from lb".;.1 Lawrence Gle.aaman, of your 

ottice, a?kl Mr. Edgar J. Brower, of' the ottice or laval Research, 

Department ot the lavy1 that 7our ottice, the Army SeouritJ' 

J.geney and the Ottioe of Naval Research, will collaborate in 

the investigation and consideration ot the claim as it a.f'teeta 

the Departments ot the Array, Bav.r and Air Force with a view to 

facilitating consideration of' the claim and avoiding duplica• 

tion ot effort in oonneotion therewith to the max1Jlua extent 

possible in the circumstances. 

r, 

I 

\1 

' ! 

I 
.. REF ID:A273& 

JAGP (1 Oct 47) 

6. In view of the Department o£ Justice request, above 

mentioned, this ottice is notitying Justice that, in so tu 

as the claim affects the Depatbema of the Army and the Air 

Force, the matter has beci assigned to your ottioe tor investigation, and settlement it' deemed advisable; also that your offi~ and the Ariq Security Agency will collaborate in this 

conmction with the Ottice of Naval Research in its investigation and conside1"8tion of the claim in so far as it affects the 

Department of the Navy. In order that tlis office may keep the 

Department of Justice advised concerning Department or the A?."fl'l3 

and l>8f:artmen't of the Air Force proeeed.L~s in connection with 

'\his matter, it is requested t.hat this office be kept in.f'ormed 

as to the progress of the investigation and arzy- settlement 

negotiations that ma7 be undertaken. 

7. A copy of basic communication and ot this indoraement 

have this date been forwarded to each or the of'tices listed below, tor information and necessary action as required by Anq 

Procurement Regulation S-305.4. 

8. Each of the offices noted below is requested to investigate proJnptJJ- the bearing ot the present claim upon the 

procurement ot its respective service and to noti.ty the Delegate 

to whom clearance is herein granted not only of the interest, i£ 

any, or that service in the matter, but also of any pertinent 

information contained in its files as required by Ar'1I13' Procurement Regulation 8-.305 .4. 

FOR THE JUDGE ADVoom GE!EBALa 

Incl w/d 

Signed 

QE(JtGE W. GARDES 

Colonel, JAGD 

Chief, Patents Division 

Copies turnishedJ 

Air Judge Advocate, USAF (Attn: Chief, Patents Branch) 

Commanding Olm.eral, AMO (Attna Chairman, R0781ty Adjustment Bd.) 

Chier of Transportation (Attns Chief, Legal Diviaion) 

Chief of Chemical Corps (Attni Chief, Patents section, Legal Br.) 

Chief of Ordnance (.Attm ORDGL, Patent Section) 

Quartermaster General (Attna Chier, .Patent Section, Legal Br.) 

Chief of Engineers (Attn: Chief, Contracts Br., Legal Div.) 

Surgeon General (Attns Legal Division) 
. . a • yOPl . 

REF ID:A273. 

BAIJflRD 8c HENRI 

Suite 300 Kellogg Building 

1422 F street 

'Washington 4, D. c. 

October .:u, 1947 

Office of Air Judge Advooate 

Washington, D. c. 

Attns Chief, Patents Branch 

Dear Sires 

Attention: Mr. John E. Pernice 

lJe duly received. 70U1" letter of September 301 1947, 

rePl.11ng to our letter to the Adjutant General, United States 

Arll\Y of September 3, concerning Un1ted. states Letters Patents No. 

l,68.3 1072 granted September 4, 1928 to Edward H. Hebern.J No. l,861,857 

granted June 7, 1932 to Edward B. Hebern; No. 21267,196 granted December 

23 1 1941 to Wal.tar N. Fanning; Ho. 2,2691341 iranted January 6, 

1942 to Ed.ward H. Hebern; and No. 2 13731890 granted April 17, 

1945 to Edward H. Hebern. 

We have communicated. with our clients with a view to assembling 

data and information to comply with the request contained in the 

third paragraph of yaur letter and shill write ;you again as soon as 

possible giving 8.JV' such data withtn °'he possession ot our cliaats. 

Enclosed are copies of the patda in question. 

No licensees were issued so there are no copiea of license 

8 greements. We understand that there has been no litigation with 

the exception of two interference prooeedings before the United 

States Patent Ottice, Numbers 77 445 and 7"nl6. As to this we 

expect to have turther information shortly to aend 70U, which, 

it available, will include, in compliance with JOUl" request, a list 

of all notices 0£ infringement sent alleged inf'ringers (except the 

allege intringers included in the statemeirt of litigation). Most 

of this information is embodied in the .tile wrapper hiatory of 

the cases at the Patent Office, but it •Y well be that our clients 

have it so as to preclude the necessity tor delay incident to secuting 

it from the Patent Of'tioe. 

JFB-m 

Enclosure 

Sincereq, 

/•/Jerome F. Barnard 

/, 

;i 

- i': L '.i'.