Columbia Graphophone Co. v. Searchlight Horn Co.
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the Second Division of the Northern District of California; Wm. C. Van Fleet, Judge. Suit by the Searchlight Horn Company, a corporation, against the Columbia Graphophone Company, a corporation. From an interlocutory decree for complainant, defendant appeals. The appellant appeals from an interlocutory decree in a suit upon letters patent, No. 771,441, issued October 4, 1904, to Peter Nielsen, for a phonograph horn.
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Appeal from the District Court of the United States for the Second Division of the Northern District of California; Wm. C. Van Fleet, Judge. Suit by the Searchlight Horn Company, a corporation, against the Columbia Graphophone Company, a corporation. From an interlocutory decree for complainant, defendant appeals. The appellant appeals from an interlocutory decree in a suit upon letters patent, No. 771,441, issued October 4, 1904, to Peter Nielsen, for a phonograph horn. The court below found that Nielsen was the original and first inventor of the invention described in the letters patent;…
1Opinion of the CourtGilbert, Circuit Judge
(after stating the facts as above). The appellant contends that claims 2 and 3 were anticipated by the prior art, that they represent no patentable invention and have no patentable utility or novelty, that the court below erred in finding that the appellant had infringed said claims, and that the said court erred in not sustaining the appellant’s plea of laches.. The patent here involved has several times been before this court in controversies with parties other than the appellant here. Sherman Clay & Co. v. Searchlight Horn Co., 214 Fed. 86, 130 C. C. A. 562, and Id., 214 Fed. 99, 130 C. C.…
2Cases cited10 opinions
- Ide v. Trorlicht, Duncker & Renard Carpet Co.Court of Appeals for the Eighth Circuit · 1902
- Drum v. TurnerCourt of Appeals for the Eighth Circuit · 1914
- Taylor v. Sawyer Spindle Co.Court of Appeals for the Third Circuit · 1896
- Valvona-Marchiony Co. v. MarchionyDistrict Court, D. New Jersey · 1913
- Benthall Mach. Co. v. National Mach. Corp.District Court, E.D. Virginia · 1915
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3Cited by14 opinions
- Dwight & Lloyd Sintering Co. v. GreenawaltCourt of Appeals for the Second Circuit · 1928
- United Drug Co. v. Ireland Candy Co.Court of Appeals for the Eighth Circuit · 1931
- Searchlight Horn Co. v. Victor Talking Mach. Co.District Court, D. New Jersey · 1919
- Van Alen v. Aluminum Co. of AmericaDistrict Court, S.D. New York · 1942
- Cummings v. Wilson & Willard Mfg. Co.Court of Appeals for the Ninth Circuit · 1925
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