Birmingham age-herald., 1895-08-29
THE BERLINER PATENT.
Law Officers of the Government Are Consider ing How to Proceed-The Status,
 of the Case.

Washington, Aug. 28.-The law officers of the government have under considera- tion the question how further to proceed with the case against the Bell Telephone company for the repeal of the Berliner patent As the case now stands the bill of the government has been dismissed
 by the court of appeals for the First circuit and under that judgment the Bell company has begun proceedings against several of the corporations which entered the telephone field after the expiration of the Bell patent in 1893. The validity of the Berliner patent is essential to the further control of the telephone busi- ness by the Bell company and the pres ent situation is of additional interest from a legal or judicial point of view, because the case involves a considera- ton of the act of 1891 and the establish ing of the circuit courts of appeal. The bill in the case was filed in the circuit court at Boston February 9, 1893, by order of -Attorney-General Miller, Cansten Browne of that city and R. $. Taylor of Fort Wayne, Ind, being re- tained as special counsel for the govern ment. The prayer of the bill was that the patent issued to Emile Bcrliner and assigned to the Bell company be repealed on the ground, first, that it was covered by previous patent, issued November 2, 1880, to Berliner for electric telephones; and, second, that the issue of the patent was unlawfully delayed by the Bell com pany from 1877 to 1891 The device of Berliner, the court said, in disposing of the case, covers the only commercially practicable and useful method at present known for effecting the electrical trans mission of articulate speech"
 On December IS, 1894, Judge Carpenter of the circuit court announced his judg- aiming he nf hp mi ta1 States, declaring the patent null and void.
 The case was appealed to the circuit court of appeals and on the 18th of May last Judges Colt, Putnam and Nelson united in reversing the judgment of Judge Carpenter and rema nding the case to his court with instructions to dismiss the bill, thus sustaining the validity of the patent. The opinion was delivered by Judge Putnam.
 By the terms of the act creating cir cult courts of appeal the judgments of those courts is final in all cases arising under the patent laws except where the judges certify a case to the supreme court, or where the supreme couu di- rects the case to be brought before it for review on a writ of cortiorari
 The telephone company is evidently inclined to accept the decree of the court of appeals as final, and is proceeding to enforce its claims under the patent. But the government officials are by no means disposed to let the case rest here They say that a case involving the question whether or not the United States has the right to sue for the cancellation of a patent is vastly different from a con troversy between two private parties over a patent right, and that upon that point an appeal will lie to the supreme court from the judgment of the court of appeals, and even if that ground should fail them they can sue for review of the case on a writ of cortiorari, as pro- vided in the law itself Which method of procedure will be followed has not been finally settled, but it is asserted that the case will not be permitted to rest in its present condition.