The Birmingham age-herald., 1924-11-09
RIGHT IS GIVEN
 INDEPENDENTS TO MAKE APPARATUS
Title War Originally In German Company Caus-
 ing Complications
By E. F. M'DONALD, JR., President, Zenith Radio Corporation.


 One of the outstanding, downright important historical events in the radio patent field took place October 30, when the navy department decided to issue licenses to approximately sixty inde- pendent radio manufacturers under 129 German patents seized by the alien GUS todian during the World war.
 Early in 1923, application for the patents had been filed, but no decisive action was taken by the Washington authorities. About a week ago, the cooperation of Congressman Fred Bit ten of Chicago, the National Associa- tion of Broadcasters, and the Radio Manufacturers association, was en- listed. Through the joint efforts of these, what had grown to be considered a hopeless cause, was quickly matured into a successful issue of wide-reach- ing importance.
 History of Title to Patents
 The majority of the patents and ap- plications involved were originally owned by the Telefunken company, a German corporation, among which pat ents is the controlling patent covering tuned radio frequency-the well known Wilheln Schoemilch and Otto Van
 
 tracts, the first dated February 21, 1913, substantial rights in these pat ents and applications were assigned by the Telefunken company to the Atlantic Communication company, German corporation organized under the laws of thc. state of New York.
 Under .Ae provision of the trading with the enemy act, as amended, the n1s oil rights patent and applications, which and simultaneously took over the Allan tic Communication company.
 Under the provisions of the trading with the enemy act, as amended, the alien property custodian on February 5, 1919, sold to the secretary of the navy, representing the United States, all right, title and interest in and to the sa 1 patents, which had been vested in the Atlantic Communication com pany and acquired by him from it. Next day the custodian also sold to the sec retary of the navy all right, title and interest in and to the patents and ap- plications which had remained in the Telefunken company, after the assign ment to the Atlantic Communication company, and which have been acquired by the custodian.
 These sales were outright, without any limitations whatsoever and covered all the rights acquired by the govern ment. The sale expressly includes "The sole exclusive right, license and author ity to manufacture or cause to be man. ufactured within the United States, its territories and dependencies, and within the republic of Cuba; and the right to sell and install, to use and to grant \ the right to use-."
 There is no question about the legal ity of sales of this nature. Title to property so acquired vests in the Unit ed States. The attorney general has so decided.
 It is also established that the grant of a revocable, non-exclusive license to use patents valuable to the manufacture of radio apparatus, is well within the discretion of the secretary of the navy.
 On August 5, 1920, the secretary of the navy granted to the International Radio Telegraph company a non-ex- elusive, irrevocable license, without royalty, to make, use and sell for the purposes, and to the extent which the department has right to do, the in- ventions covered by the patents.
  manufacturers requested grant of license was that such grant would tend to ad- vance the welfare of the people of; the United States, and would promote a healthy competition in the manufacture and sale of radio apparatus; that to withhold such license would tend to in- jure the public welfare by tending to promote monopoly contrary to the pol icy by the Sherman act; that the de- nial of the license to the applicants would make the International Radio Telegraph company, the only licensee, which would be inconsistent with gov ernmental policy as to monopoly, or the principle of equality of opportunity on which this nation is founded.
 As a part consideration for grant ing the said license, the independent radio manufacturers agreed to grant to the United States of America, repre- sented by the secretary of the navy, a non-transferable. non-exclusive license under United States letters patent which they now own or may hereafter own during the term of the agree ment, to make or have made for it and use for governmental purposes, hppa- ratus utilizing or embodyinsl the inven- tions of their patents, but not for sale
 Action After Long Delay
 One week ago, with the assistance of Congressman Fred Britten of Chi cago, an ardent radio enthusiast, as well as an out-an-out opponent of mo nopolies, and with President Coolidge and the attorney general kindly co operating, the cause of the approxi mately sixty independent radio manu lecturers was brought to the fore. Int manufacturers, Micawber like, hat waited for over a year for something to turn up. It was a ightning-likt procedure from first to last, and a very strenuous week for all concerned.
 Willis H. Taylor, Inc, one of tho country's foremost patent attorneys, claims that this grant of license by the navy department to the independent radio manufacturers, will completely change the complexion of patent litiga < tion.
 N One of the chief obstacles to tho gNeatest development of the industry i thus, removed. The complexities of tn, radio patent situation are now mucl minimized. The difficulties incident t the government sharing the use 0 these patents with only one American manufacturer, are permanently ob viated. In fact, the monopolization eff fected by oL exclusive license amount ed to unwar- ~nted discrimination ant manifestly did injury to the radio indus try.
 October thirtieth was q great day fo