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The Telephone Cases

The Telephone Cases, 126 U.S. 1 (1888), were a series of U.S. court cases in the 1870s and the 1880s related to the invention of the telephone, which culminated in an 1888 decision of the U.S. Supreme Court that upheld the priority of the patents belonging to Alexander Graham Bell. Those patents were used by the American Bell Telephone Company and the Bell System, although they had also acquired critical microphone patents from Emile Berliner.

The Telephone Cases
Argued January 24–28, 31, February 1–4, 7–8, 1887
Decided March 19, 1888
Full case nameDolbear v. American Bell Telephone Company; Molecular Telephone Company v. American Bell Telephone Company; American Bell Telephone Company v. Molecular Telephone Company; Clay Commercial Telephone Company v. American Bell Telephone Company; People's Telephone Company v. American Bell Telephone Company; Overland Telephone Company v. American Bell Telephone Company
Citations126 U.S. 1 (more)
8 S. Ct. 778; 31 L. Ed. 863
Holding
The Bell Company patent was valid and that the Molecular case was reversed.
Court membership
Chief Justice
Morrison Waite
Associate Justices
Samuel F. Miller · Stephen J. Field
Joseph P. Bradley · John M. Harlan
Stanley Matthews · Horace Gray
Samuel Blatchford · Lucius Q. C. Lamar II
Case opinions
MajorityWaite, joined by Miller, Matthews, Blatchford
DissentBradley, joined by Field, Harlan
Gray and Lamar took no part in the consideration or decision of the case.

The objector (or plaintiff) in the Supreme Court case was initially the Western Union telegraph company, which was then a far-larger and better financed competitor than American Bell Telephone. Western Union advocated several more recent patent claims of Daniel Drawbaugh, Elisha Gray, Antonio Meucci, and Philip Reis in a bid to invalidate Alexander Graham Bell's master and subsidiary telephone patents dating from March 1876. A decision for Western Union would have immediately destroyed the Bell Telephone Company, and might have allowed the former company, instead of the latter, to become the world's largest telecommunications monopoly.

The Supreme Court came within one vote of overturning the Bell patent because of the eloquence of lawyer Lysander Hill for the Peoples Telephone Company.[1] In a lower court, the Peoples Telephone Company stock rose briefly during the early proceedings but dropped after its claimant, Daniel Drawbaugh, took the stand and testified: "I don't remember how I came to it. I had been experimenting in that direction. I don't remember of getting at it by accident either. I don't remember of anyone talking to me of it."[1]

In the case, the Supreme Court affirmed:

  • Dolbear v. American Bell Tel. Co., 15 F. 448, 17 F. 604,
  • Molecular Tel. Co. v. American Bell Tel. Co., 32 F. 214, and
  • People's Tel. Co. v. American Bell Tel. Co., 22 F. 309 and 25 F. 725.

The Supreme Court reversed American Bell Tel Co. v. Molecular Tel. Co., 32 F. 214.

Bell's second fundamental patent expired on January 30, 1894, when the gates were then opened to independent telephone companies to compete with the Bell System. In all, the American Bell Telephone Company and its successor, AT&T, litigated 587 court challenges to its patents, including five that went to the US Supreme Court and, aside from two minor contract lawsuits, never lost a single case that was concluded with a final stage judgment.[1][2]

Size edit

The Court's decision in the Telephone Cases is notable for the size of the opinions delivered; together, they occupy the entire 126th volume of the United States Reports.

Notable cases edit

Among the notable court cases involving the Bell Telephone Company, later renamed to the American Bell Telephone Company, were those related to challenges by Elisha Gray, a principal in Western Electric, as depicted in the Elisha Gray and Alexander Bell telephone controversy.

Additionally the Bell Company became embroiled in a number of challenges from those companies associated with Antonio Meucci, as shown in the Canadian Parliamentary Motion on Alexander Graham Bell, itself a response to the United States HRes. 269 on Antonio Meucci.

See also edit

References edit

Notes
  1. ^ a b c Billings, A. Bell and the Early Independents, Telephone Engineer and Management, March 15, 1985, pp87-89,
  2. ^ Australasian Telephone Collecting Society. Who Really Invented The Telephone? September 24, 2015, at the Wayback Machine, ATCS, Moorebank, NSW, Australia. Retrieved from www.telephonecollecting.org website on April 22, 2011.
Bibliography
  • Brooks, John. Telephone: The First Hundred Years, Harper & Row, 1976, ISBN 0-06-010540-2, ISBN 978-0-06-010540-2.
  • Bruce, Robert V. Bell: Alexander Bell and the Conquest of Solitude. Ithaca, New York: Cornell University Press, 1990. ISBN 0-8014-9691-8.

Further reading edit

  • Beauchamp, Christopher. Who Invented the Telephone?: Lawyers, Patents, and the Judgments of History, Technology and Culture, Vol. 51, No. 4, October 2010, pp. 854–878, DOI: 10.1353/tech.2010.0038.

External links edit

  • Text of The Telephone Cases, 126 U.S. 1 (1888) is available from: CourtListener  Justia  Library of Congress  OpenJurist 
  • Legat, V. 1862. Reproducing sounds on extra galvanic way [cited March 26, 2006]. Available Litigation Series – Telephone Interferences: Edison Exhibits contained within:
    • Legat, Wilhelm von (1862) Litigation Series – Telephone Interferences: Edison Exhibits, which covers: (Reis, Philip) Telephone; Sound and Acoustics; Thomas Edison National Historical Park, [TI2459; TAEM 11:635]. Quote:

The Edison National Historical Park (ENHP) archives has seven bound volumes and one pamphlet of Patent Office proceedings relating to conflicting claims over who invented the telephone. Four of these volumes contain the record of a group of interferences entitled Cases A through L and Case No. 1. The disputant parties were Thomas Edison, Alexander Graham Bell, Elisha Gray, A. E. Dolbear, J. W. McDonough, George B. Richmond, William L. Voelker, J. H. Irwin, and Francis Blake, Jr. Although Edison's preliminary statements were filed in September 1878, testimony was not taken until 1880. This record was printed in 1881. The second volume contains Edison's exhibits, including photo-lithographs of laboratory drawings, patents and patent applications, and newspaper and journal articles. The drawings have exhibit numbers corresponding to a page/volume numbering scheme used by Edison and his patent attorney Lemuel W. Serrell in 1880 when Edison's technical notes and drawings were numbered and examined for possible inclusion as exhibits in these interferences. Many of the documents in this numbered series were not selected as exhibits; they remain in the archives at the Edison National Historical Park....

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The Telephone Cases 126 U S 1 1888 were a series of U S court cases in the 1870s and the 1880s related to the invention of the telephone which culminated in an 1888 decision of the U S Supreme Court that upheld the priority of the patents belonging to Alexander Graham Bell Those patents were used by the American Bell Telephone Company and the Bell System although they had also acquired critical microphone patents from Emile Berliner The Telephone CasesSupreme Court of the United StatesArgued January 24 28 31 February 1 4 7 8 1887Decided March 19 1888Full case nameDolbear v American Bell Telephone Company Molecular Telephone Company v American Bell Telephone Company American Bell Telephone Company v Molecular Telephone Company Clay Commercial Telephone Company v American Bell Telephone Company People s Telephone Company v American Bell Telephone Company Overland Telephone Company v American Bell Telephone CompanyCitations126 U S 1 more 8 S Ct 778 31 L Ed 863HoldingThe Bell Company patent was valid and that the Molecular case was reversed Court membershipChief Justice Morrison Waite Associate Justices Samuel F Miller Stephen J FieldJoseph P Bradley John M HarlanStanley Matthews Horace GraySamuel Blatchford Lucius Q C Lamar IICase opinionsMajorityWaite joined by Miller Matthews BlatchfordDissentBradley joined by Field HarlanGray and Lamar took no part in the consideration or decision of the case The objector or plaintiff in the Supreme Court case was initially the Western Union telegraph company which was then a far larger and better financed competitor than American Bell Telephone Western Union advocated several more recent patent claims of Daniel Drawbaugh Elisha Gray Antonio Meucci and Philip Reis in a bid to invalidate Alexander Graham Bell s master and subsidiary telephone patents dating from March 1876 A decision for Western Union would have immediately destroyed the Bell Telephone Company and might have allowed the former company instead of the latter to become the world s largest telecommunications monopoly The Supreme Court came within one vote of overturning the Bell patent because of the eloquence of lawyer Lysander Hill for the Peoples Telephone Company 1 In a lower court the Peoples Telephone Company stock rose briefly during the early proceedings but dropped after its claimant Daniel Drawbaugh took the stand and testified I don t remember how I came to it I had been experimenting in that direction I don t remember of getting at it by accident either I don t remember of anyone talking to me of it 1 In the case the Supreme Court affirmed Dolbear v American Bell Tel Co 15 F 448 17 F 604 Molecular Tel Co v American Bell Tel Co 32 F 214 and People s Tel Co v American Bell Tel Co 22 F 309 and 25 F 725 The Supreme Court reversed American Bell Tel Co v Molecular Tel Co 32 F 214 Bell s second fundamental patent expired on January 30 1894 when the gates were then opened to independent telephone companies to compete with the Bell System In all the American Bell Telephone Company and its successor AT amp T litigated 587 court challenges to its patents including five that went to the US Supreme Court and aside from two minor contract lawsuits never lost a single case that was concluded with a final stage judgment 1 2 Contents 1 Size 2 Notable cases 3 See also 4 References 5 Further reading 6 External linksSize editThe Court s decision in the Telephone Cases is notable for the size of the opinions delivered together they occupy the entire 126th volume of the United States Reports Notable cases editAmong the notable court cases involving the Bell Telephone Company later renamed to the American Bell Telephone Company were those related to challenges by Elisha Gray a principal in Western Electric as depicted in the Elisha Gray and Alexander Bell telephone controversy Additionally the Bell Company became embroiled in a number of challenges from those companies associated with Antonio Meucci as shown in the Canadian Parliamentary Motion on Alexander Graham Bell itself a response to the United States HRes 269 on Antonio Meucci See also editAlexander Graham Bell Bell Telephone Company Bell Telephone Memorial a major monument dedicated to the invention of the telephone Elisha Gray and Alexander Bell telephone controversy Gardiner Greene Hubbard first president of the Bell Telephone Company History of the telephone Timeline of the telephone Western UnionReferences editNotes a b c Billings A Bell and the Early Independents Telephone Engineer and Management March 15 1985 pp87 89 Australasian Telephone Collecting Society Who Really Invented The Telephone Archived September 24 2015 at the Wayback Machine ATCS Moorebank NSW Australia Retrieved from www telephonecollecting org website on April 22 2011 BibliographyBrooks John Telephone The First Hundred Years Harper amp Row 1976 ISBN 0 06 010540 2 ISBN 978 0 06 010540 2 Bruce Robert V Bell Alexander Bell and the Conquest of Solitude Ithaca New York Cornell University Press 1990 ISBN 0 8014 9691 8 Further reading editBeauchamp Christopher Who Invented the Telephone Lawyers Patents and the Judgments of History Technology and Culture Vol 51 No 4 October 2010 pp 854 878 DOI 10 1353 tech 2010 0038 External links editText of The Telephone Cases 126 U S 1 1888 is available from CourtListener Justia Library of Congress OpenJurist Legat V 1862 Reproducing sounds on extra galvanic way cited March 26 2006 Available Litigation Series Telephone Interferences Edison Exhibits contained within Legat Wilhelm von 1862 Litigation Series Telephone Interferences Edison Exhibits which covers Reis Philip Telephone Sound and Acoustics Thomas Edison National Historical Park TI2459 TAEM 11 635 Quote The Edison National Historical Park ENHP archives has seven bound volumes and one pamphlet of Patent Office proceedings relating to conflicting claims over who invented the telephone Four of these volumes contain the record of a group of interferences entitled Cases A through L and Case No 1 The disputant parties were Thomas Edison Alexander Graham Bell Elisha Gray A E Dolbear J W McDonough George B Richmond William L Voelker J H Irwin and Francis Blake Jr Although Edison s preliminary statements were filed in September 1878 testimony was not taken until 1880 This record was printed in 1881 The second volume contains Edison s exhibits including photo lithographs of laboratory drawings patents and patent applications and newspaper and journal articles The drawings have exhibit numbers corresponding to a page volume numbering scheme used by Edison and his patent attorney Lemuel W Serrell in 1880 when Edison s technical notes and drawings were numbered and examined for possible inclusion as exhibits in these interferences Many of the documents in this numbered series were not selected as exhibits they remain in the archives at the Edison National Historical Park dd Retrieved from https en wikipedia org w index php title The Telephone Cases amp oldid 1152801885, wikipedia, wiki, book, books, library,

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