The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1921-02-19
STARR PIANO COMPANY
g. EXPLAINS LITIGATION
ION LATERAL RECORDS

In every art a period occurs after its
original conception when the protec-
ton granted for the encouragement or
inventors by the patent laws of the
United States passes to the pubic.
Such period has just occurred in the
manufacture of the lateral cut phono-
graph record The case Of the Victor
Talking Machine company versus the
Starr Piano company, was the last
attempt to maintain monopolistlc
control of the art of making lateral
cut photograph records.
The ordinary record of commerce
today is. the outgrowth Of a. series Of
basic inventions each initiating a step
forward in the necessary steps OF the
art to produce the completed record of
today. These steps in the record max
ing art comprise the original invention
of Wilson, which was the reproduction
of sound from a tinfoil record formed
on cylinder.
This invention, which was the first
to make audible to the ear the princi
pies underlying vibration through
preservation in a permanent form, was
never of any practical use beyond
demonstrating the principle to be
followed.
The reduction of the invention to
practical use was made by Alexander
Graham Bell, DR.. Chichester Bell and
Charles Sumner fainter, who begin
ming about the year of 1881. devoted
substantial portion of their time to the
perfection Of Edison's invention. Their
work resulted in reducing the idea OF
Edison to q practical basis, and divid-
ed the art into the two classes. OF lat
eral and hill and dale.
First to Cut Groove.
They were the first to cut a groove,
both lateral and vertical in a wax disk
or cylinder, and they reproduced with
more or less success from same. After
demonstrating that the wax could be
cut either laterally or vertically, they
abandoned for their commercial work
the lateral type, devoting their entire
time towards the commercial develop
ment of the vertical or hill and dale
type on a cylindrical machine. The
patent which they took out was the
basic monopoly of the industry, the di-
rect ownership of which resulted in
the growth of the present Columbia
company.
Following Bell and fainter, the next
basic contribution was the work of
Emil Berliner, who in 1887 invented
the idea of tracking the reproducer
by making the needle move the repro
Queer by following the grooves of the
record instead of being fed by screw
operated by the motor as heretofore
was the custom. His patent Of this
idea was the basic patent on which
has been built the Victor Talking Ma
chine company of today.
Lateral Cut Records.
pntu in1c Of Dny~ lty,er Ny.e
invention and 1897, no additional basic
improvements in the art occurred.
However. in the latter year. the Jones
patent for the complete process of
making lateral cut record in disk
form. including particularly the cleo
troplating of the wax and the repro
duction of hard records from the wax,
was issued The Jones patent was
acquired by the predecessor of the
Columbia company, owning the Bell
fainter patents first above mentioned
and served to continue their monop-
oily: however. it is obvious that the
making of lateral cut disk records
would be of little use without the
right to play same in the manner in
vented by Berlinger. After some
n skirmishing litigation. the necessity of
Joint interests became apparent to the
ing in a mutual license of the Column
bia raphophone interests and the Vic
tor Talking Machine interests, which
continues today.
With. the expiration of the Jones
patent in 1918. new means had to be
sought by this controlling monopoly
for the protection of their interests.
These new means were attempted to
be built by a claim that Eldridge John
son. the president of the Victor Talk
ing Machine company, had been the
original inventor of one of the steps
Of the Jones. patent. that step being
the making of the original wax record
by cutting grooves laterally therein.
Get Exclusive Right.
The patent laws secure the exclusive
right of an invention to the inventor
for II years after the issuing of the
patent, and the time that the patent
is allowed to- lay in the patent office
unssued or in process of formation is
not construed as a portion of the time
for which protection is granted. The
necessity of extending the date of in.
vention for the protection of this NUT
ual monopoly was evidently early seen
by the attorneys of the Victor Talking
Machine company, and by use of the
rules of the patent office a tool patent
issued to Johnson was so divided tina,
it broadly claimed the manufacture OF
records cut laterally in wax and ap.
parently achieved the desired end
With the beginning of manufacture
of Gennett lateral cut records early in
1919 suit was instituted by the Victor
company on the patent procured in the
manner above stated. This litigation
Dhas been continuing for about eigh
teen months. resulting in a decision
Feb. II. in which the Judge review
the entire art and dismsses the suit
on the grounds of lack of invention by
Mr.. Johnson and for abandonment
This decision secures the Starr Piano
company from further litigation under
the patent in question and enables
them to continue the manufacture OF
Gennett records as herctofore