The record-union., 1897-05-11
BELL TELEPHONE COMPANY.
WINS A SUIT BROUGHT BY THE
GOVERNMENT.
The u. S. Supreme Court Sustains Its
Contentious as to the Legality of
the Last Berliner Patent.

WASHINGTON, May 10.-The Bell
Telephone Company has won the case
brought against it by the United States
TO annul the last Berliner patent. This
decision has the effect of continuing the
control of the telephone by the Bell
Company for seventeen years from the
date of the last patent, granted in 1891.
The Government asked to have the
patent set aside on the ground that the
delay of thirteen years in the Patent
Office was fraudulent, through the fault
of the telephone company, and that the
patent issued in 1880 covered the same
ground on which the new patent was
applied for in 1891.
The Supreme Court in an opinion de-
livered to-day by Justice Brewer, held
that there was no evidence of corrup-
ton or undue influence exercised over
the Patent Office by the telephone COM
pany, and no evidence of delay in
granting a patent had been brought
about by the company. The delay was
through the fault of the Patent Office.
Justice Harlan dissented. Justices
Grey and Brown. it was announced,
took no part in the case, presumably
because they We're interested.
The court held that in order to set
aside patent the Government must es-
ia blish grounds for relief as clear and
satisfactory as to set aside land pat
ent All other allegations of the Gov
ernment besides that of delay, were
overruled. This decision sustains the
lower courts.
The case has attracted wide attention
volved in its settlement. and the opin-
ion of the court has been anxiously
awaited. The suit, it was claimed, in
volved the practical control of the art
of telephoning. 1t originated in a
charge Of collusion in the Patent Of
flee, and was brought to obtain the re-
peal and cancellation of letters of pat
ent of the United States No. 463, 800
dated November II. 1891. granted to
the American Bell Telephone Company
as assignee of Emil Berliner, the al
legged inventor.
The repeal and cancellation of the
patent was sought upon the ground
that the application for it. while filed in
1877, was not issued until 1891 This
delay was charged to be unnecessary
and improper on the part of the Patent
Office and the Bell Telephone Company
which, as Berliner's assignees, con-
trolled the application. II was assert
ed that the company had acquesced in
and promoted the delay and their own
interests. thus defrauding the public
of its rights.
1t was claimed that the Berliner pat
ent practically controls telephony. as
it has to do with both the transmission
and receipt of sound. and that the de-
lay thus secured until 1891 operated to
prolong the control of this act for fif-
teen years beyond the time of the ex-
piration of the Bell patent.
1t was also asserted that the patent
was granted by the Commissioner of
Patents without authority of law and
that it was the same invention for
which a patent had been granted in
1880 and that the principle therefore
was not new.
The suit originated in the United
States Circuit Court for the district of
Massachusetts,. where it was decided in
favor of the United States Upon ap-
peal to the Court of Appeals for the
First Circuit. this decision was reversed
and the contentious of the Berliner
claimants upheld. From this opinion
the United States appealed to the Su-
preme Court.