Kintner v. Atlantic Communication Co.
District Court, S.D. New York
In Equity. Suit by Samuel M. Kintner and Halsey M. Barrett, receivers o¡f the National Electric Signaling Company, against the Atlantic Communication Company and others. On final hearing. Decree for complainants.
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In Equity. Suit by Samuel M. Kintner and Halsey M. Barrett, receivers o¡f the National Electric Signaling Company, against the Atlantic Communication Company and others. On final hearing. Decree for complainants. Suit for infringement of claims 2, 3, 10, 14, 15, 16, 17, 19, 20, and 21 of reissued letters patent No. 12,168, to Reginald A. Fessenden, dated November 10, 1903, the original patent No. 706,737, being dated August 12, 1902, and the application for reissue having been filed October 20, 1903.
1Opinion of the Court
MAYER, District Judge.
This is the usual patent infringement suit, the defenses relied upon being invalidity and noninfringement. Two grounds of invalidity are urged: (1) Noninvention; and (2) that the subject-matter of the claims was injected into the application after the original date of filing, and therefore constitutes an invalid enlargement of the application.
[1] Noninfringement is urged on the ground that defendants do not use instrumentalities coming within the claims in issue, when interpreted as defendants insist they must be. The subject-matter of the patent is addressed to the…
2Cases cited6 opinions
- Corning v. BurdenSupreme Court of the United States · 1854
- Boyce v. Stewart-Warner Speedometer Corp.Court of Appeals for the Second Circuit · 1914
- Eibel Process Co. v. Remington-Martin Co.Court of Appeals for the Second Circuit · 1916
- Marconi Wireless Telegraph Co. of America v. National Electric Signaling Co.District Court, E.D. New York · 1914
- Kintner v. Atlantic Communication Co.Court of Appeals for the Second Circuit · 1917
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3Cited by5 opinions
- International Signal Co. v. Vreeland Apparatus Co.Court of Appeals for the Second Circuit · 1921
- Kintner v. Atlantic Communication Co.District Court, S.D. New York · 1921
- Western Electric Co. v. WallersteinDistrict Court, W.D. New York · 1931
- Fessenden v. Radio Corp. of AmericaDistrict Court, D. Delaware · 1938
- Kintner v. Atlantic Communication Co.District Court, S.D. New York · 1921