The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-01-18
PATENTS HELD INVALID
INDEPENDENT TELEPHONE COM
PANIES DEFEAT BELL COMPANY.
Berliner Patents Declared Invalid by
$4,000 Indiana Phones Affected.

Word reached the independent telephone
interests of Indianapolis last night that the
suit involving the Berlner patents TO tele-
phone instruments and the kellogg switch
board, had been decided by the United States
Court of Appeals. in session at Boston. in
favor Of the independent companies.
The decision is of great Importance in
indianapolis and Indiana. The case in
volved the validity of the Berliner patents
on receivers transmitters and other tele-
phone devices which had been duplicated
by all the independent telephone manufac-
turers of the country. Simon p Sheerin,
president of the new Long Distance Tele-
phone Company of Indiana, and manager
of the New Telephone Company. of this
city. said last night that if the Berliner
patents had been sustained 80 per cent. of
the equipment used by telephone companies
other than the American Bell and its tribu-
taries would have been infringement of the
Bell company's patents.
1.-THE independent companies of Indiana
said Mr. Sheerin, "have 1900 telephones
and they would have all been sufferers by
and adverse decision. The importance of
the decision is great to them because their
ability to continue in business was involved
facturers products
The litigation over the Berliner patents
has been IN progress for twelve years. The
first attack upon them was the suit of
Attorney General Miller during the admin
istration of President Harrison. He con-
tested their validity on the ground that,
through fraud, they had been suppressed
in the Patent Office until the Bell patents
neared expiration and that they
vived to perpetuate a monopoly of the tele-
phone business. This suit failed because
the courts in equity declared that, if there
had been fraud, the government had been
party to the fraud and could receive no
relief.
About six years ago the Century Tele-
phone Company, of Boston, began manu-
featuring instruments in defiance of the
claims OF the Berliner patents. The Ameri-
can Telegraph and Telephone Company,
which control the Bell Company, instituted
injunction proceedings before Judge Brown,
In the United States District Court of
Massachusetts, setting up the validity of
fng Berllner patents Pate as the cause of in
people realized that this case opened the
way for the trial of the merits OF the case
which had not been offered in the suit of
Attorney General Miller to declare them
invalid under the charge of fraud.
BECAME NATIONAL CONTEST.
The Independent Telephone Association
of the United States, which includes in it's
membership all the Independent companies,
| Joined with the Century Company in de-
| Tending the case. Ample funds were pro-
| vided and Judge Robert S. Taylor, of FIT.
| Wayne, employed as chief counsel for
! the independent companies. The first trial
| before Judge Brown resulted in a victory
| for the Independent companies but the
American Telegraph and Telephone Com
| pany appealed to the District Court of APP
peals. The District Court of Appeals heard
| the long trial again and at it's close Judge
| Taylor made the principal argument for the
| defendants. The whole telephone world
has been waiting for the decision which
| came yesterday. Throughout the independ-
| ent companies had faith in the security of
their position and the outcome of the case
| as was made evident by the enormous in
| vestment in independent instruments.
Indiana telephone men have been active
| in the prosecution of the fight. S. Z. Sheerin
| was secretary of the national organization
| four years and declined reelection last
| year. Hugh Dougherty, of Button, was
| another actively interested. j. M. Thomas,
| formerly of Ohio, but now of New York,
| was associated with Judge Taylor in the
| legal battle.
| Mr.. Sheerin said last night that independ-
| ent telephone men of Indiana were sorrow
| ing because of the illness of Judge Taylor,
| who is now alarmingly ill at Boston, where
| he had gone on in connection with this
| case, but were gratiied to learn that his
! condition showed Improvement They feel
| that his masterful argument in their be-
| half was what turned the decision in their
| favor in large way.