Legal Opinion · Dissent

Marconi Wireless Telegraph Company of America v. United States

Supreme Court of the United States

Decided October 11, 1943No. Nos. 369, 373Published

1DissentJustice Rutledge

Until now law1 has united with almost universal repute2 in acknowledging Marconi, as the first to establish wireless telegraphy on a commercial basis. Before his, invention, now in. issue,3 ether-borne communication traveled some eighty miles. He lengthened the arc to 6,000. Whether or not this was “inventive” legally, it was a great and beneficial achievement.4 Today, forty years after the event, the Court’s decision reduces it to. an electrical mechanic’s application of mere skill in the art.

*65By present knowledge,: it would be no more. School boys and mechanics now could perform what Marconi…

2Cases cited5 opinions

  1. Marconi Wireless Telegraph Co. of America v. National Electric Signaling Co.District Court, E.D. New York · 1914
  2. Marconi Wireless Telegraph Co. v. Kilbourne & Clark Mfg. Co.District Court, W.D. Washington · 1916
  3. Marconi Wireless Telegraph Co. of America v. United StatesUnited States Court of Claims · 1935
  4. National Electric Signaling Co. v. Telefunken Wireless Telegeaph Co.District Court, S.D. New York · 1913
  5. Marconi Wireless Telegraph Co. of America v. Kilbourne & Clark Mfg. Co.Court of Appeals for the Ninth Circuit · 1920

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