New Ulm review. (New Ulm, Brown County, Minn.) 1892-1961, 1897-05-12
Decision Of the Federal Supreme
Court Gives It a New Lease
of Life.
Collision in Granting the Las.
Berliner Patent Declared
Not Proven.
Delay in Granting the Patent
Was the Fault Of the
Government.

Telephone company won the CASE
brought against it by the United States
70 annul the last Berliner patent. This
decision has the effect Of continuing
the sontrol of the telephone by the Bel
company for II years, from date of the
last patent, which was granted in 1895
The government asked to have the
patent of 1891 set aside on the ground
that the delay of .13 years in 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 its opinion delivered by Jus.
tice Brewer, held that there was nc
evidence Of corruption or undue in.
fuence exercised over the patent office
by the telephone company, and that
there was no evidence that the delay
in granting the patent had been
brought about by the company. It
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
opinion. Justices Gray and Brown, it
was announced, took no part in the
case, presumably because they were
interested.
The court held that in order to set
aside patent the government must
establish grounds of relief as clear and
satisfactory as it would to set aside a
land patent. All other allegations of
the government, besides that Of delay,
were overruled. This decision by the
supreme court sustains the lower
courts. The case has attracted wide
attention because of the extensive ill.,
terests involved in its settlement, and
the opinion Of the court has been anx-
lously awaited.
Involves Control of Telephonins
The suit, it was claimed, involved
the practical art of telephoning 1t
originated in charge Of collision liz
the patent office, and was brought to
obtain the repeal and cancellation Of
letters patent of the United States No.
1853, 500, dated Nov. II, 1891, granted to
the American Bell Telephone company,
as assignee of Emile Berliner, tho
alleged inventor The repeal and can
collation. of the patent were 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 inn
proper Oh the part of the patent Office,
and the Bell Telephone company,
which as Berliner's assignee, controlled
the application. 1t was asserted that
the company had acquiesced in and
promoted the delay, and for their own
interest, thus defrauding the public of
its rights.
It was claimed that the Berlinger
patent practically controls telephony,
as it has to do with both the trans
mission and receipt of sound and that
the delay thus secured until 1891, op-
Grated to prolong the control of this act
for Is years beyond the time of the ex-
piration of the Bell patent. It was
also asserted that the patent was
granted by the commissioner of pat
ents without authority of law, and
that it was for the same invention for
which patent had been granted in
1880, aQd that the principle was there
fore 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 circuit court of appeals fol
the first circuit, this decision was re-
versed, and the contentious Of the
| Berlinger claimants upheld. From
this opinion the United States appealed
to the supreme court.