The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1897-05-11
BELL COMPANY WON

Ia the BsrIInsr PaisRt caSo-BHpremS
Court Refuses to Have the Patent Set
Aside Bell Company Has Fall Control.
WASHINGTON. May 1O.-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
control OF the telephon by tbs Bell com
pany for seventeen years from the date
OF the last patent which was granted
In 1896.
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 COM
pRny, and that the patent office issued
In 1880 covered the same ground on
which the new patent was applied for
IN 1891. The court in It's opinion, deliy-
cred by Justice Brewer. held that there
was no evidence OF corruption or undue
influence exercised over the patent
office by the telephone company. and
that there was no evidence that the de-
lay In granting the patent had peen
brought about by the company. II held
through the fault OF the patent office
and by no fault Of the company.
Justice Harlan diSsented from the
opinion. Justice Gray and Brown, II
was announced. took no part In the
case, presumably because they were In
terestcd.
The court held that In order TO set
aside patent the government must es-
tablIsh 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
sustalns the lower courts.
The case has attracted wide attention
because OF the extensive interests in
volycd IN It's settlement. and the opin-
ion Of the court has been nnNiously
awaited. The suit, 1t was claimed, In
volVed the practical control OF the art
OF telephoning. II originated In
charge OF colluslon IN the patent othce
md was brought to obtain the repeal
and cancellations Of letters patent OF
the United States No. l63.569. dated No
vember II, 1891, granted TO the Ameri-
can Bell Telephone Company as assignee
Of Emile Berllner the alleged Inventor
The repeal and cancellation OF the pat
ent were sought upon the ground that
the application for It while filed in 1871,
was not Issued until 1891 This delay
was charged to be unnecessary and I'M
proper on the part OF the patent otnce
and the Bell Telephone Company, which
as Berllner's assignee, controlled the
application. Il was asserted that the
company had acquisced In and promo
ted the delay and for their own inter
ests, thus defTauding the public OF us
rights
II was claimed that the Berllner pat
ent practically controls telephony, as It
has to do with both the transmissions
and receipt OF sound, and that the de-
Law thus secured until 1891. operated to
pTolong the control OF (his act for NJ
teen years beyond the time OF the ex-
plratlon OF the Bell patent
II was also asserted that the patent
was granted by the commissioner OF
patents without authority OF law. ana
that It was for the same invention Tor
which a patent had been granted IN 1850
and that the principle was therefore not
new.
States circuit court for the district OF
Massachusetts, where 1t was decided In
favor OF the United States. Upon ap-
peal TO the circuit court Of appeals for
tho FIRST circuit this decision was re-
yersed and the contentious or the Ber-
liner claimants upheld. From this opln-
Ton the United States appealed 10 the
supreme court.