New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-05-11
BERLINER PATENT VALID.
THE BELL TELEPHONE COMPANY WINS
IT'S SUIT

A DECISION RENDERED AGAINST THE GOVERN
MENr BY THE UNITED STATES SUPREME
cot-RT-JusTIcE BREWERS OPINION.
Washington MAY 1o-The Bell Telephone Com
pany has the case brought against II W VIZ
United States to annul the last Berhhe' Pa'o"'.
The decision OF the United States supreme |o"'
to-day has the effect Of continuing the cohuo u
the telephone By the Bell Company for seventeen
wears from the date of the last patent, whlch was
granted In 1891 The Government asked 10 nave VI.
patent set aside on the ground that inc oe'as y.
thirteen years I'm the Patent ONCE was irauoue"'
and through the fault OF the telephone coihpa"''
and that the patent issued In 1880 covered tc san
ground on which the new patent was applied lor
In 1901 The Court, in its opinion delivered by JUS
tice Brewer held that there was no evidence vi
corruption or undue influence exercised over INC
Patent Office by the telephone company, IN" ,.'"'
there was no evidence that the delay IN granting
the patent had been brought about Dy the eo''i
pany 1t held that whatever delay there had pee"
was through the fault of the Patent oihce' anu ~
no fault Of the company.
Justice Harlan dissented from the opinion JUS
tees Gray AMI Brown. it was announced. TOOK no
part in the case presumably because they were IN
terested.
The Court held that. in order to set Gslde pa.
ent the Government must establish grounus OF
relief as clear and satisfactory as 1t would 10 SET
aside n land patent. All other allegations OF the
Government besides that OF delay were overruieu.
This decision by the Supreme Court sustains inc
lower courts. This case has attracted great at,e,i
ton because of the extensive interests ihNoNeu III
its settlement, and The opinion OF the court MAJ
been anxiously awaited The suit IL was aSseL,vu i
invoved the practical control OF the telephone pus ~
ness 1t originated IN charge OF collnsiqn II, e.,i
Patent Office and was brought 10 oplaih n' IN, cd
end @ on Of etSrs paben' Of ae
TO the AmeTica an Bell Telephone COMPANY, as 1 Ss
sgree Of Emile Berner the alleged iivesot ouaht
upon the ground that the application for H. WITS i
filed in 1871 was not issued until 1891 TINS deiay
tn, part of the Patent Office and the Bell Ieie-
phone Company, which, as Beriners asslSntse ,ha
compSnv had acanesced in and promoted the delay
for its own interest thus defrauding the puohc u
l. Was said that the Berner patent practically e dS
controls the telephone 9usineS' race,pt of sound
and that the delay thus secured uh,ii ~ gd tb
to proong the control for fifteen years oey aIso
serted that the patent was granted ny .he and
missioner Q: Patents without SuIhSTI FOR Of Which
patent had been granted In 1880 ana tha' inc
Tho suit originated in the United States circuit !,
Court for the District of MasSacnuSetSss,, ,@s ON
Mas o the circuit Court of Appeals FOR the
First Circuit this n decs dpnS %aS Upheld
From this opinion the United States appeared 10
With reference TO the arguments on the subject
of the continuance Of the ieep pm neson that
Rell's patent had expired. but il must be reinen
bered that the Berlincr rights were Invention
on the expiration of the Beriiner patent tie
rights of it's author could not be abrldged 10 ,Jt
iteTe tho pubc The inventor of the latest addi-
ton is entitled TO full protection and IL the zee
nhone company buys that Invention II Is en- ~
70 eli the rights which the inventor had. Inc
Court be said dssented entirely from tae nir%s
urged by counsel that the applicant lot Pa.sst,,
was a quasi trustee for the public, but heiq 'H,'
an invention was the absolute properly Oh its ~ ~
ventor The Government i'm order 10 make ,llS
case must establish affirmatively that the ueia.
in the Patent Office caused by the conun.o VI
the applicant. 1t cannot rest on mere ueL ". -
b,t must prove the wrong In such manner a. ~
satisfy the judgment before II can Tt,sioa ore
which its own agents have created. rms require
ment the Government has failed 10 meet