The Washington times., 1911-01-21
B|THUL|TH|C TRUST
IS GIVEN A SETBACK
Decision of Indiana Court
Against Warren Brothers >
of Interest Here.

The Warren BTothers Company, of
Boston, which enjoys monopoly on
large part Of the road building and
street paving of the United States be-
cause of its prOprietorship of the "bithu-
Iithic patent process of mixing rock
and asphalt, has received a severe jolt
in indianapolis.
Word reached Washington today that
Judge Anderson, of the United States
District Court Of Indiana, had decided
in favor of the city in suit by the
Warren Brothers Company, involving
the validity of the bithulithic patent.
The city of indianapolis was laying
paving by the process of mixing crushed
rock and bitumen when the Warren
Brothers Company came along and
brought suit to enjOin it, on the grounds
that it was infringing on the companys s
patent, obtained in 1903. The city re-
sisted the case, and Judge Anderson has
now held that the process is not patent
able because OF its lack of novelty.
Of Interest Here.
The decision is of particular interest
to Washington. because the Warren
Brothers Company and the District
Commissioners are engaged in a con-
troversy over the Districts right to lay
paving by the bithulithic process, and
because both interests have recently
been given a hearing before the House
Appropriations Committee.
The result of these hearings is re-
fiected in the District appropriation bill,
in which the Warren Brothers Company
asked to have inserted a provision di-
he roTniGCinnarc m Ia htnry-
lithic paving, thereby recognizing the
validity of the company'S patent. The
Commissioners agreed to consent to
such an item provided the company
would agree to bring suit against them
20 test the patent. This would have
taken the case TO the Supreme Court of
the United States, and brought forth a
ruling on the patent from that tribunal.
The company already has a decision
upholding its patent from the Sixth
United States Circuit Court, and de-
Clined to agree to bring suit here. In
view of the fact that the Supreme Court
does not. as a rule, review patent cases,
the COmpany'S circuit court decision
was believed to be final, and binding as
a precedent for other courts throughout
the country.
No provision for bithulithic paving is
contained in the District bill.
Probable Outcome.
1t Is pOSSIDlG OuubC <AIuCl w
cision will result in an examination of
the merits of the bithulithfc patent by the
Supreme Court of the United States, as
there have now been three United
States district court decisions against
the patent and two for it. One of the
decisions against it was that from
which appeal was taken in Michigan
and on which the opinion favorable to
the patent was rendered in the Sixth
Circuit Court. The other two decisions ms
against the patent were rendered by
Judge Kohlsaat of Chicago, and Judge
Anderson. of Indianapolis. The de-
cisions upholding~ the patent were rem
dered by Judge Jones, of Alabama, and
Judge Cox, of New York.
The bithulithic cases are of extreme i'm
portance to the whole country. as they
involve the right of the Warren Broth
ers Company to do the road making and ana
street paving, or exact royalties on the
same. in practically every city, town,
and county in the United States. The
final decision on the patents validity
will mean millions of dollars to the
people of the nation.