Victor Talking Mach. Co. v. American Graphophone Co.
Court of Appeals for the Second Circuit
Appeal from the Circuit Court of the United States for the Southern District of New York. This cause comes here upon appeal from a decree of the Circuit Court, Southern District of New York, sustaining the validity and finding infringement of U. S. letters patent 534,543, granted February 19, 1895, to Emile Berliner for the “Gramophone.”
1Per curiam
In affirming this decree we do not find it necessary to add anything to the careful and exhaustive discussion of the issues which will be found in Judge Hazel’s opinion, with one single exception. In disposing of the defense of prior public use based upon the lecture and exhibition before the Franklin Institute, the Circuit Court apparently relied mainly upon the proposition that what took place there was not a public use, but rather an experimental one. Without discussing the questions thus raised, or expressing any definite opinion either way, we prefer to dispose of the alleged prior…
2Cited by29 opinions
- Traitel Marble Co. v. U. T. Hungerford Brass & Copper Co.Court of Appeals for the Second Circuit · 1927
- Parke-Davis & Co. v. H. K. Mulford Co.U.S. Circuit Court for the District of Southern New York · 1911
- Insul-Wool Insulation Corp. v. Home Insulation, Inc.Court of Appeals for the Tenth Circuit · 1949
- Scovill Mfg. Co. v. SatlerDistrict Court, D. Connecticut · 1927
- Fonotipia Ltd. v. BradleyU.S. Circuit Court for the District of Eastern New York · 1909
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