Watertown republican. [volume] (Watertown, Wis.) 1860-1906, 1897-05-12
BELL PEOPLE WIN.
United States Supreme Court Up
holds the Validity of the
Berliner Patent.

Washington, d. c., May 10,-The
Bell Telephone company 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, which was
granted in 1891.
The Governments Contention.
The government asked to have the pat
ent of 1895 set aside on the ground that
the delay of thirteen years i'll the patent
office was fraudulent and 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 court, in it's opinion delivered by
Justice Brewer held that There was no
evidence of corruption or undue intlu-
ence exercised over the patent office by
the telephone company and that there
was no evidence that the delay in grant
ing the patent had been brought about
by the company. 1t held that whatever
delay there had been was through the
fault Of the patent Office and by no fault
OF the company.
Justice Harlan dissented from the opin-
w
announced took no part in the case, pre-
Sumably because they were interested.
The court held that in order to set aside
a patent the government must esta blish
grounds of relief as clear and satisfac-
tory as it would to set aside land pat
ent. All other allegations of the govern
m9nt 'beSldeS that of delay were over
ruled. This decision by the Supreme
court ,sustains the lower courts.
Exrenxive TnteroSts TuUoIvnd
The case has attracted wide attention
because of the extensive interests in.
yOlved III its settlement and the opinion OF
the court has been anxiously awaited.
The suit, it was claimed, involved the
practical control of the art of telephon.
ing. 1t originated in a charge of col
fusion in the patent office and was
brought to obtain the repeal and cancel
lation of letters patent of the United
States No. 1853, $50, dated November II
1891, granted to the American Bell Tele
phone company as assignee of Emile Der
liner. the alleged inventor The repeal
and cancellation of the patent were
sought on the ground that the applca tior
for it. while filed in 1877, was not is.
sued 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 Ber
liners assignee controlled the applicat ton
1t was asserted that the company had
acQuiesced in and promoted the delay and
for their own interest, thus defraudine
the public of its rights.
1t was claimed that the Berlner patent
practically controls telephony as it has
to do with both the transmission and re,
ceipt of sound and that the delay thus
secured until 1891 operated to prolong the
control of this act for fifteen years beyond
the time of the expiration 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
for the same invention for which patent
had been granted III 1880 and that the
principle was therefore not new.
The suit originated in the United States
circuit court for the district OF Massa-
chusetts, where it was decided in favor of
the United States. Upon appeal to the
circuit court of appeals for the First cir
cult this decision was reversed and the
Intentions of the Berliner claimants up
= d. From this opinion the United States
called to the Supreme court.