Westinghouse Electric & Mfg. Co. v. Cutting & Washington Radio Corp.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Suit in equity by the Westinghouse Electric & Manufacturing Company against the Cutting & Washington Radio Corporation. From a decree granting a preliminary injunction, and from an order refusing to reform the decree, defendant appeals.
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Appeal from the District Court of the United States for the Southern District of New York. Suit in equity by the Westinghouse Electric & Manufacturing Company against the Cutting & Washington Radio Corporation. From a decree granting a preliminary injunction, and from an order refusing to reform the decree, defendant appeals. The bill alleges that plaintiff is a Pennsylvania corporation and defendant is a New York corporation; that defendant has committed and threatens to commit acts of infringement; that plaintiff is the sole owner of the Armstrong patent which has been adjudicated valid.…
1Opinion of the Court
MAYER, Circuit Judge.
The essential facts may be briefly stated. The patent of which the plaintiff is owner is the well-known Armstrong patent, fully discussed in Armstrong v. De Forest Radio T. & T. Co. (D. C.) 279 Fed. 445, and (C. C. A.) 280 Fed. 584.
On July 7, 1920, which was prior to the acquisition of the patent by plaintiff, Armstrong and defendant entered into a license agreement. Thereafter this license was duly assigned by Armstrong to plaintiff. The íicense agreement, supra, provided, inter alia:
“(1) It is agreed that, wherever the words ‘the apparatus’ are used in this agreement,…
2Cases cited5 opinions
- Aspinwall, Manuf'g Co. v. GillUnited States Circuit Court · 1887
- Armstrong v. De Forest Radio Telephone & Telegraph Co.Court of Appeals for the Second Circuit · 1922
- General Electric Co. v. Continental Lamp Works, Inc.Court of Appeals for the Second Circuit · 1922
- Armstrong v. De Forest Radio Telephone & Telegraph Co.District Court, S.D. New York · 1921
- St. Louis Street Flushing Mach. Co. v. Sanitary Street Flushing Mach. Co.Court of Appeals for the Eighth Circuit · 1910
3Cited by4 opinions
- United States v. E. I. Du Pont De Nemours & Co.District Court, D. Delaware · 1953
- Westinghouse Electric & Mfg. Co. v. Tri-City Radio Electric Supply Co.Court of Appeals for the Eighth Circuit · 1927
- Radio-Craft Co. v. Westinghouse Electric & Mfg. Co.Court of Appeals for the Third Circuit · 1925
- Ethyl Corporation v. Hercules Powder CompanyDistrict Court, D. Delaware · 1964