Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-03-05
Influence Of the Supreme Courts
Decision Yesterday.
PREVIOUS CIRCUIT COURT DECISIONS
History Of the Case Under Imme-
date Consideration.
CHEAPER TELEPHoNING

II Is Sdlu at the patent OIuC6 Indt tne
practical result Of the Supreme Court de-
cision yesterday to the effect that the life
of an American patent terminates con-
temporaneously with previously granted
foreign patent for the same thing will be to
permit the public use of the telephones
covered by the Edison patents, inasmuch
as this decision practically invalidates
them.
The decision of the Supreme Court was
based upon a provision of section 1887 Of
the Revised Statutes as follows:
But every patent granted for an inven-
ton which has been previously patented in
a foreign country shall be SO limited as to
expire at the same time with the foreign
patent or. II there be more than one, at
the same time with the one having the
shortest term, and in no case shall it be in
force more than seventeen years"
The Edison patents were applied for in
this country in April, 1877, and granted in
England in July, 1877, expiring in England
in 1891. SO that they really expired in Eng
land before they were granted in the Uni
ted States. The contention heretofore has
been that reckoning should be made from
the time Of application, and not from the
time of granting, and it was this conten-
ton which was settled yesterday by the
Supreme Court.
This decision not only settles the ccntro-
versy between the parties directly inter-
ested, viz: The General Electric Company
and the American Bell Telephone Com
pany on the one side and the Westing-
house Electric Company and the anti-Bell
Telephone Company on the other, but also
disposes Of very large number Of other
patents. which the public have assumed to
have expired under the rulings of the lower
court, but which would have been revived
IL the decision of the Supreme Court in
this case hsti been the other way, and 1t
also shortens the life of great many pat
ents which have not yet actually expired.
The decision is against the position taken
by the General Electric Company and
the American Bell Telephone Company and
those associated with them upon the ap-
rendered by the United States circuit
court in the New York circuit for the
carbon transmitter owned by the Ameri-
can Bell Telephone Company, by which 1t
years more, as would have been the case
had the decision below been reversed. A
considerable number Of very broad patents
owned by the General Electric Company
are also disposed of by this decision, in
GLIDING Mr.. Edison's patent upon the in
candescent lamp, regarding which there
has been so much litigation, and also his
patent on the multiple arc" system of dis
incandescent lamps, which was recently
held to be valid by Judge Cox.
Eminent Counsel In the Case.
The history of this case OF the Bate Re-
frigerator Company against Sulzberger.
the subject of yesterdays decision, is very
interesting. The case involves directly a
very small sum Of money, and the complain
ants would probably have never thought
it worth while to bring the case to a hear
ing had it not been that the lawyers of
the General Electric Company and the
Bell Telephone Company discovered that
this case directly involved the point in
which they were so vitality Interested, and
would furnish the earliest opportunity Of
bringing it before the Supreme Court The
result was that the complainant soon found
itself represented in court by such eminent
and expensive counsel as James C. Carter,
James ]. Starrow Of Boston. counsel for
missioner Of Patents Charles F. Mitchell
Of New York, counsel for the General Elec-
trio Company. No sooner had these emf
nent counsel put In an appearance than
represented by the equally eminent counsel
retained by the WESTINGHOUSE Electric
Company and the anti-Bell Telephone Com
pany. including Wheeler H. Peckham. Ed
mund Wetmore. Benjamin H. Bristow,
Leonard F. Curtis. all Of New York. From
this time on the battle was one between
giants. The question was deliberately argu-
ed before the circuit court of appeals Tor
the New York circuit, Judges Wallace
Shipman and Lacombe sitting; but this
court declined to take the responsibility OF
deciding the question and certified it up to
the Supreme Court of the United States.
This court treated the case IS one of so
great Importance that 1t took the very I'M
usual course of assigning it for hearing
some three years in advance Of the regu-
lar order, and also allowing about double
the usual time for the argument. The oral
argument vas by James c. Carter and ex-
Commissioner of Patents Mitchell for the
General Electric and Bell Telephone inter-
ests ard by Edmund Wetmore and Wheeler
H. Peckham for the Westinghouse and
anti-Ben telephone interests, and a large
number Of briefs were filed on behalf of
various other interests affected. Probably
there has been no case argued before the
Supreme Court since the war in the out
come Of which SO many lawyers were in
terested.
Cheaper the Use of the Telephone.
If the Circuit Court of Appeals and the
Supreme Court should also uphold the de-
cision of the Massachusetts, supreme court
invalidating the Berliner patents, the pub
lie will be placed in possession of all the
foundation telephone patents The effect
of this will be- it is said, to increase com
petition and eventually cheaper the use of
telephones to the public. OF course, pat
ents will bein existence upon many of the
minor aDpurtenances of fho folonhopo OIL