The Madison daily leader. [volume] (Madison, S.D.) 1890-current, 1897-05-11
HELLO MONOPOLY
Decision of the Federal Supreme
Court Gives 1t a New Lease
of Life.
Collision in Granting the Last
Berliner Patent Declared
, Not Proven.
Delay in Granting the Patent
Was the Fault of the
Government.

WASHINGTON, May II. The Bell
Telephone company won the case
brought against 1t by the United States
to annul the last, Berliner patent. This
decision has the effect of continuing
the sontrol of the telephone by the Bell
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 ID years in the patent
office was fraudulent and through the
fault of the telephone company and
hat the patent issued in 1880, covered
the same ground on which the new
patent was applied for i'll 1891. The
court, i'll its opinion delivered by JUS
tice Brewer, held that there was no
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. 1t
held hat 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 a patent the government must
establish grounds of relief as clear and
c.t,ofactnrr % ~ xvnrl2 RI cot aside n
land patent. All other allegations of
the government, besides that of delay,
were overruled. This decision by the
supreme court s%ustains the lower
courts. The case has attracted wide
attention because of the extensive in.
terests involved i'll its settlement, and
the opinion of the court has been anx
iously awaited.
Involves Control of Telephoning.
The suit, it was claimed, involved
the practical art Of telephoning. 1t
originated in a charge of collision in
the patent Office, and was brought to
obtain the repeal and cancellation of
letters patent of the United States No.
463, $50, dated Nov. II, 1891, granted to
the American Bell Telephone company,
as assignee of Emile Berliner, the
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 i'm.
proper on 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.
1t was claimed that the Berlingel
patent practically controls telephony,
as it has to do with both the trans
mission and receipt of sound and thai
the delay thus secured until 1891, op
Grated to prolong the control of this ac'
for 10 years beyond the time of the ex
piration of the Bell patent. 1t wa
also asserted that the patent wa.
granted by the commissioner of pat
ents without authority Of law, ane
that it was for the same invention TO
which q patent had been granted il
1880, and that the principle was there
fore not new.
The suit originated in the Unitet
9 States circuit court for the district o
Q Massachusetts,. where it was decided II