The Helena independent., 1894-12-24
The Device OF the 6erlIner Patent, Which
Was the Main Reliance Of tho
Bell Company,
DECISION BY A FEDERAL JUDGE.


all, Tor the continuance of It's monop-
oily, was declared void last week by
Judge Carpenter. OF the United States
circuit court.
The patent was that issued 10 Emile
Berliner Nov ~, 1891, and is known as
the Bellner patent. 1t covers the trans
mitter now In use on long distance tele-
phones and in general way Il may be
said TO cover any transmitter in which
the vibrations are due 10 differences of
pressure between electrodes In constant
contact.
The expiration OF the patents on the
receivers a few months ago was of
some benefit TO the public In the estab-
lishment Of certain kinds of private
lines. This decision that the patent
covering the transmitters Is void Will
not be of benefit even TO that extent,
at least not for year or 80. for two
reasons.
First, this decision is not final "The
case will now go 10 the United States
circuit court OF appeals" said F'reder-
lex II. Fisher. OF counsel for the Bell
Telephone company to-day. "a decls-
Ion viii be rendered by that court pos
sibly next spring, after the case has
been argued anew, as though the cir
cult court had not made a decision.
Should the case go against us in the
United States court of appeals, IL will
probably go 10 the United States SUI
preme court, but We believe the court
Of appeals will decide in our favor"
The other reason is that the American
Bell Telephone company is firmly es-
tablished all over the country and en-
joys franchises which In some cases
would-be rivals could not get and In
other cases woul1, not attempt 10 util.
lie II they did glt, because OF the long
war with the rich monopoly such thing
would involve.
The Bell company has it's franchises
Its wires and It's exchanges all In oper-
alton. Practical men say this fact will
do more than any number of patents
TO protect IL In the enjoyment OF Its
monopoly.
Notwithstanding this fact. the ad.
verse decision was Immediately felt by
the stock. A few days ago Bell Tele-
phone stock climbed to 20l, and mex
morning II opened at 201h. on the an
nomcement OF the decision II fell tC
l9l. But II Immediately began TO pul
llHtll lbktlUfT tlbhtu ht ltt.
II the higher courts reverse Judg,
Carpenters decision i'm the Berline,
patent case the telephone monopoly viii
be practically proof against assaults
until Nov. II. 1908. as the life Of the pat.
ent Is seventeen years from Nov. II
1891, the date OF its issue.
The government sought to annul tho
patent on two grounds: First, that II
was beyond the power OF the commits.
siOn,r OF patents to issue the patent In
view of the issue of a former patent
Nov. g 1885, TO this same Berliner. and
second, that the issue was unlawfully
delayed from June 4. 1877, till Nov. IL
1891. by the Bell Telephone company
in order TO extend the period OF its
protection, II being protected during
the period of its delay by other patents
now expired.
Another ground which Judge Carpen'
ter did not consider was that the orig
inal application for the Berliner pat
ent did not describe the contrivaneC
finally presented. The plans In the orig
inal application were for the transmits
sion of sound by a "make-and-break
current of electricity, caused by the al
ternate contact and separation OF tw,
metal electrodes. In the patent as ac
tually granted the current is continu
Gus, but it's intensity is made to var!
by a difference in pressure between
two electrodes In constant contact.
As to the first ground, which judge
Carpenter sustained, he said:
"One of the functions of the deyict
shown in the patent of Nov. ?, 1880
namely, the function of transmitting
articulated speech. Is Identical with th'
sole object or function of the devic,
Ha af lkN1
and the device for affecting the trans
mission IN Identical In both patents
The patent. therefore. seems TO me t'
be void and beyond the power OF th'
commissioners to issue"
AS to the ground Of delay, which
really was the vital point, Judge Car
penter said:
"'The device OF Berliner as both par
| ties i'm this case agree, covers the only
commercially practicable and usefu
methods at - ent known for effectlnl
| the TRANSMISSION of artlculate speech
There was no effort, so far as | can SEE
I'm the evidence, on the part OF the re
spondent corporation to prevent thi
delay. | am persuaded tina
the delay was Intentionally acqulesce'
In by the respondent corporation 10
the purpose Of delaying the Issue OF tn
patent This seems to me the only con
clusion from consideration or TN
whole evidence
The officers OF the company testf!
that at all times they were urgent n
pressing for the issue of the patent
As 10 their state Of mind and their &c
| tual intention at the time. | am free 4
/ say that | place less reliance on thci
statements now mnde than on "A singh
statement made at the time. In Feb
ruaTy, 1886. while the general under
standing Of delay was In force Mr.
Swan. one of the solicitors for the ap
plication, wrote as follows To the pros
| idcnt Of the BELL company.
81 am wording the Edison and Ber
| liner cases along quietly and thlnl
they will be granted by the examine
without Interference ar appeal, sn tha
we can take them out by paying tn
final fees. We have six months To d.
| that in
This Is but n single paragraph on
Of many hundreds Of pagcs. hut ! thinl
Il shows clearly what was the purpos
Of the respondent corporation, con
sclously formed by liz officers and per
| fcctly understood by its agents ~ tn
patent office. The application WAS 4
be worked along quietly although ap
parcntly pushed with great energy
There would be delay, but no substan
tial obstacle 20 the grant Of the patent
and even after the patent should be or
dcrcd 10 issue there might De n furthc
delay within the limits ~ the law an,
without lmpcrillng the patent. II thi
letter doca not moan this, ! am NJ a los
10 know what Il does mean.
MY conclusion, therefore, ls that IN,
complainant has made out the case an,
"A. A a A..
patent iu question IN void and shall h
delivered up 10 be cancelled"
This delay covered fourteen years
| III The ptnn succeeds this ono patcn