The copper country evening news. [volume] (Calumet, Mich.) 18??-1907, 1897-05-11
BELL COMPANY WINS.
Supreme Court Decision in a
Notable Case.
BERLINER PATENT is SUSTAINED.

The Decision Has the Eject of Continuing
the Control OF the Telephone by the Bell
Company for Eleven More Years-No
Evidence of Corruption or Undue Inhu-
ence Exercised In Patent Omoe--Famous
Litigation Ended.
Washington. May 1.-THE Bell Tele-
phone company Monday won the case
brought against It by the United States
TO annul the last Berlner 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 grant
ed i'm 1891
The government asked to have the
patent of 1895 set aside on the ground
that the delay of thirteen years in the
patent Office was fraudulent and through
the fault of the telephone company and
that the patent issued i'm 1880 covered
the same ground on which the new pat
ent was applied for in 1891.
No Evidence Of Corruption.
The court i'm its opinion. delivered by
Justice Brewer, held that there was no
evidence of corruption or undue influ-
ence exercised over the patent office by
the telephone company and that there
was no evidence that the delay i'm 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 opinion. Justice.
Gray and Brown, il was announced,
took no part i'm the case, presumably
because they were interested. The court
held that in order to set aside a patent
the government must establish grounds
Of belief as clear and satisfactory as il
would to set aside land patent. All
other allegations of the government be-
sides that of delay were overrUled.
Has Attracted Wide Attention.
This decision by the supreme court
sustains the lower courts. The case has
attracted wide attention because Of the
| extensive interests involved i'm the set
| tlement and the opinion of the court has
been anxioasly awaited. The suit, it
was claimed, involved the practical con-
troll of the art of telephonng. 1t orig
] mated in a charge of colusion in the
| patent Office and was brought TO obtain
| the repeal and cancellation of letters
I patent of the United States No. As. 3.569
| dated Nov. Il. 1891 granted TO the Amer
| lean Bell Telephone company as as
! signee of Emile Berliner. the alleged
! inventor The repeal and cancellation
! 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 unneces-
J sary and improper on the part Of the
( patent Office and the Bell Telephone
I company. which as Beriner's assignee,
| controlled the application. 1t was as
! serted that the company had acquiesced
| in and promoted the delay and for their
( own interest. thus defrauding the pub
J lie of its rights.
Practically Controls Telephony.
1t was claimed that the Berliner pat
ent practically controls telephony. as 1t
| has to do with both the transmission
and receipt of sound and that the de-
| lay thus secured until 1891, operated TO
/ prolong the control of this act for fif
( teen years beyond the time of the ex
! piration of the Bell patent 1T was also
| asserted that the patent was granted by
I the commissioner of patents without ou-
| thority of law and that it was for the
same invention for which patent had
been granted in 1880 and that the prin-
ciple was therefore not new The suit
J originated i'm the United States circuit
court for the district of Massachusetts,
| where ii was decided in favor of the
United States. Upon appeal to their
circuit court of appeals for the first cir
cult this decision was reversed and the
| contentious of the Berliner claimants
! upheld. From this opinion the United
| States appealed to the supreme court.