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.…
1DissentManton, Circuit Judge
I agree that the license agreement gives the right to manufacture as set forth in Judge Mayer’s opinion. But why restrict the sale to the efforts of its own agents or employees? Why not jobbers and dealers if only the appellant’s manufactured products are sold? The license agreement grants, a nonexclusive, nontransferable license to manufacture *674the apparatus and to sell the apparatus of the licensee’s manufacture (1) to radio amateurs for use in radio amateur, stations; (2) to radio experimenters and scientific schools or universities, for use in experimental and scientific school or…
2Cases cited3 opinions
- Montross v. MabieU.S. Circuit Court for the District of Southern New York · 1887
- Foster Hose Supporter Co. v. Thomas P. Taylor Co.Court of Appeals for the Second Circuit · 1912
- Duff v. GillilandCourt of Appeals for the Third Circuit · 1905