The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1897-05-11
BELL COMPANY WINS
Berliner Patent of 1891 Passed on by the
Supreme Court.

~>SN-'ASA eeSoI VI 1911 fasseQ on Dy the
Supreme Court.
Washington, May 10.-The Bell Tele-
phone company has won the case
brought against it by the United States
to annul the last Berliner patent This
decision has the effeffct of continuing
The control Of the telephone by the Bell
company for seventeen years from the
cate OF the last patent, which was grant
Ell in 1881.
The government asked to have the pa
rent OF 1891 set aside on the ground that
the delay of thirteen years in the patent
Office was fraudulent and through the
aault OF the telephone company, and that
fhe patent issued in 1880 covered the
s.pme ground on which the new patent
WAS applied for in 1891. The court, in
Its opinion delivered by Justice Brewer,
held that there was no evidence of cor
Eruption or undue influence exercised ov-
er the patent office by the telephone
company and that there was no evidence
that the delay in granting the patent had
been brought around by the company
1t held that whatever delay there had
II,
office and by no fault of the company.
Justice Harlan dissented from the
opinion. Justices Gray and Brown. 1t
was announced, took no part in the case,
presumably because they were interest,"
ed.
The court held that in order to set
aside a patent the government must es-
kahlish grounds of relief as clear and
satisfactory as it would TO set aside
land patent All other allegations of
the governments besides that Of delay
were overruled.
The decision by the supreme court
sustains the lower court
The case attracted wide attention be-
cause of the extensive interests involved
In 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 telephan-
ing. 1t originated in charge of collu-
sion in the patent office and was brought
70 obtain the repeal and cancellation Of
letters patent of the United States No.
asa, 56s, dated November u. 1891. grant
ed TO the American Bell Telephone COM
alleged inventor. The repeal and can
collation. Of the patent were sought upon
the ground that the application for il,
while filed in 1877, was not issued until
1891 This delay was charged 10 be I'M
necessary and improper on the part OF
the patent office and the Bell Telephone
company. which. as Beriiner's assignee,
controlled the application. 1t was as
serted that the company had acquiesced
s.: and promoted the delay and their in
terest, thus defrauding the public OF its
tights.
1t was claimed that the Berliner pa
bent practically controls telephony, as
4. has to do with both the transmission !
end receipt Of sound. and that the de- |
lay thus secured until 1891 operated 10 |
prolong the control OF this act for fiji |
teen years beyond the time of the expi- |
ration of the Bell patent. go
II was also asserted that the paten: |
was granted by the commissioners Of
patents without authority Of law and |
that il was for the same intention for |
which patent had been granted in 1880 |
and that The principle was therefore no. |
new.
The suit originated in the United /
States court for the district of Massa-
chusetts. where Il was decided in favor |
of the United States. Upon appeal 10 |
the circuit court OF appeals for the FRS: |
district this decision was reversed and /
the contention of the Berliner claimants |
upheld. From this opinion the United |
Sia.es Appealed 10 the supreme court.
With reference 10 the arguments on |
the subjects OF the continuance Of the |
telephope monopoly. Justice Brewer re- |
pested that there was no question that
Bells patent had expired. but il must be |
remembered that Beriiner's rights were |