Omaha daily bee., 1912-03-13
NAY REOPEN
PATENT SUIT
Attorney General Wickersham Ex-
poets to Ask for Rehearing Of the
Famous Monopoly Case.
CAN ACT THROUGH LOSING SIDE
Full Bench Did Not Pass Upon This
Important Issue.
LAW WILL BE AMENDED
Senator Brown Says Patents Com
mittee win Take Up Matter.
BILLS NOW PENDING IN HOUSE
Representative Norris Says Measures
Aimed at shoe Machinery Trust
WIN Meet the sifuation--
Moore Prepares Bill.
.Aw WILL BE AMENDED
Senator Brown Says Patents Com
mittee win Take Up Matter.
BILLS NOW PENDING IN HOUSE

WASHINGTON, March E.-Attornes
General wickershsm indicated today that
there was a strong likelihood OF a, re-
hearing being asked Of the supreme court
in the Patent monopoly case decided
Yesterday by a divided bench. four to
three. He said he had taken the matter
up by letter with the parties at issue.
asking IL a rehearing was desired. The
government not being a party to the suit
can act only through the defeated par
ties. The reheaTing would be asked on
the ground that full bench had not
passed on the case.
Many bills Coming.
Bills TO curb the monopoiiring power
of patentees over unpatented articles used
in operating patented machines began to
show life today in congress. This was
In response TO the appeal OF Chief Justice
White OF the supreme court for congress
to change the law which the court found
yesterday gave patentees practically un-
restricted privileges regarding the man
ner in which their patents may be used.
Z. 3. Moore, commissioner Of patents.
has prepared q bill to amend the law so
that paientees may not impose onerous
conditions upon purchasers OF their pat
ented articles Senator Gore may re-
introduce bill ne presented to congress
last year regarding license restrictions"
in the sale of patents, and Representative
Llttleton or New York. democrat after
eonferring with the commissioner Of pat
ents. announced he would Introduce a
bin to meet the decision.
The senate comittee on interstate COM
merce has recently investigated patent
monopolles along with monopoles. not
sanctioned by law.
brown win Call, Up Matter.
II has been understood that the COM
mlttee would deal with the patent aues-
ton In any recommendations II might
make in regard to changing the anti
trust laws Senator Brown. chairman
Of the senate committee on patents and
members of the house committee on
patents have expressed themselves since
the courts decision as willing to act
promptiy.-@- sss s-s =
ANY amendment OF the patent laws
agreed on will contain In some form a
blow at the recent plan OF putting q
license restriction on the use Of patented
articles sold by the pstsntees. II will
be designed TO correct tho evil which
chief Justice White spoke of when he
said:
ut Is a matter OF common knowledge
that these restrictions have been fire.
Iuently resorted to for the purpose OF
bringing numerous articles of common
use within the monopoly Of a patent
where otherwise they would not have
been embraced therein, thereby tending
10 subject the whole Of society TO an un-
disputed monopolistie control"
The proposed amendments would en-
deayor to bring within the law "the vast
area spoken OF by the chief justice be-
twgen the restrictions placed on rights
by the patent law and the 'law Of the
land"
Norris Expects Action at Once.
There are now pending before the judi
eiary committee several bills intended to
reach the same results and inspired b.
the governments suit against the United
shoe Machinery company. According to
Representative Norris of Nebraska, a
member, they were sidetracked In that
comlttee because Of the question Of juris-
diction.
Opponents Of the measures seized on
the situation, he charged. to prevent con-
sidefation there and at the same time
blocked reference TO the measures to the
patents committee Now that the issue
was defined. MIR. Norris expressed the
view that some legislation overcoming
.'legalized monopoly . would be forthcom-
ing before congress adiourned~<