Evening star. [volume] (Washington, D.C.) 1854-1972, 1928-02-22
APPEAL ON TUBES
! DECISION PLANNED
attorney for Radio Corpora.
ton Indicates Contest
Over Patent Issue.

Without doubt. the decision rendered
BY Judge Morris in Federal District
Court at Wilmington. Del. in the mat
ter of radio tubes-"the heart of radio"
will be appealed to the higher courts
IN an effort to sustain the procedure
Of Radio Corporation of America III
requiring initial installation of its own
tubes i'll sets manufactured by others
kinder its patent licenses,
This was clearly indicated by Col.
Nanton Davis. general attorney for
the Radio Corporation of America.
when the radio patent issue reopeneo
before the Senate committee on patents.
Radio Corporations case for the now
famous Article O. Of its patent license
agreements will be that Its tubes ale
con,ponent parts of the circuits it has
licensed 10 such firms as Atwater Kent,
C-osley. Stromherg- Carlson and others
to use under royalty arrangements.
Dissent from Judge Morris decision
granting a permanent injunction as OF
next March Is against enforcement OF
Article 9 was shown in the statement
Col. Davis made before the Senate
committee in the course Of his defense
C. the patent grouping structure which
the Radio Protective Association is
bitterly attacking as creating mo-
ropoly in restraint OF trade and in vio-
lation Of the antitrust laws.
Col. Davis reply 10 the main argyll
r,ents against the Radio Corporation
Of An,erica--that it is giant trust
seeking 10 grasp all patents in sight
end collect on them from other manu-
facturerS whom it merely "tolerates"
end holds "suhseryient'-is that Radio
Corporation Of America was formed to
consolidate scattered patents, without
a combination Of which radio sets
could not be constructed. Far from
restraining radio trade. he contends
the diversely owned patents created
the radio industry: moreover, the
patent license agreements. he main
tains. released the restraint which
heretofore had prevented such trade"
The cross license fight is vigorous
attempt on the part Of band OF small
independent radio manufacturers to
free itself from the alleged oppression
Of paying dues" 10 Radio Corporation
Of America because it holds so many
patents.
The tube issue in the courts Is one
Of the key" contentious. the inde-
pendents telling the Senate committee
that Radio Corporation Of America
prevents smaller producers from
marketing their wares because 1t re-
cures S6tS QuA3t OilQCI AS JdlCiitS ~
Use its own tubes. Recrimination on
the score Of patent infringement is
passed back and forth. but this is
subject that is largely still at issue in
the courts.
Clause Q being enjoined by Judge
Morris. the Radio Corporation OF
America has until March Is to file ap-
peal, and it assuredly will do so, as
Col. Davis indicated. IN view OF the
fact that perhaps s7o,o0o.00o worth OF
business is done annually in tubes.
Its legal ground is that Supreme Court
decisions have granted patentees the
exclusive right to make, use and vend
component parts Of patented article.
The question is whether Radio Corpora
tons own tubes are component parts.
mo contention" said Col Davis tn
the Senator'S. has ever been made or
was ever made before Judge Morris
that the patents under which the re-
ceiving sets in question are licensed are
not combination patents and that the
tubes are not essential and component
parts OF the patented articles licensed
70 be made" Colonel Davis added.
cutie bluntly, that lone OF the reasons
for reserving the right to sell these
tubes was a frank desire for profit"
There was another reason" he
stated also. These receiving set manu-
.acturers were not manufacturers OF
tubes, but the sets they were licensed
70 make and sell would 60 out bearing
license plate TO the eject that they