The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-08-29
BATTLING WITH BERLINER.
GOVERNMENT NOT SATISFIED YET
WITH THE TELEPHONE PAT
ENT CASE.

Judge Carpenters Decision, vacat-
ing the BerIiner Patent, Reversed
by the Circuit Court of Appeals ON
May Is Last, Hut the Government
VIII Seek 40 bring the Case Before
the United states Supreme Court
ON Writ of Certiorari-Other
Grounds Claimed on Which This
May he Done.
Washington. Aug. 2S.-The law officers
Of the government have under considers
alton the question how further to pro-
ceed with the case against the Bell Tele-
phone Company for the repeal OF the
Berliner patent. AS the case now stands
the bill Of the government has been dis
missed by the court Of appeals for this
First circuit, and under that Judgment
the Bell company has begun proceedings
against several of the corporations which
entered the telephone field after the ex-
piration of the Bell patent in 1898. The
validity OF the Berliner patent is essen-
tial to the further control Of the tele-
phone business by the Bell company, and
the present situation is of additional IN
terest from legal or judicial point OF
view, because the case involves a con-
sideration Of the act of 1891, establishing
the circuit courts of appeals.
The bill In the case was filed in tho
circuit court at Boston, Feb. 3, 1893. by
order OF Attorney General Miller, Cam
stem Browne of that city and r. S. Taylor
OF Fort Wayne, Ind, being retained as
special counsel for the government. The
prayer Of the bill was that the patent
Issued to Emile Berliner and assigned to
the Bell company be repealed on the
ground D that II was covered by a pre-
vious patent issued Nov. 2 1880 to Ber-
liner for an electric telephone, and C) that
the issue OF the patent was unlawfully
delayed by the Bell company from 1877 to
1891. The device of Berliner, the court
said, in dlsposing of the case, covers
the only commercially practicable AMI
useful method at present known for effect
Ing the electrical transmission Of articu-
late speech"
On Dec. IS, 1894. Judge Carpenter OF
the circuit court announced his Judgment,
sustaining the prayers of the United States
declaring the patent null and void.
The case was appealed to the circuig
court OF appeals, and on May IS last Judges
Colt, Putnam and Nelson united in revers-
Ing the judgment of Judge Carpenter,
and remanding the case to his court, with
instructions TO dismiss the bill, thus sus-
tanning the validity Of the patent The
BY the terms Of the act creating circuit
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 court directs the case
to be brought before II for review on a
writ Of certiorark, 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 representa-
tlves are by no means disposed to let the
case rest here. They say that a case in
volving the question whether or not tho
United States has the right to sue for the
cancellation Of patent is vastly differ
ent from a controversy between two pri-
vate parties over a patent right and that
upon that point an appeal win lie to the
supreme court from the judgment of the
court Of appeals. And even II that ground
should fail them. they can sue for a re-
view Of the case on writ Of certiorarL
as provided in the law itself Which meth
cd OF procedure win be followed has not
yet been finally settled, but It is asserted
that the case will not be permitted to
rest in its present condition.