Marconi Wireless Telegraph Co. of America v. Simon
District Court, S.D. New York
In Equity. Suit by the Marconi Wireless Telegraph Company of America against Emil J. Simon. On motion for preliminary injunction, and counter motion by defendant to dismiss.
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In Equity. Suit by the Marconi Wireless Telegraph Company of America against Emil J. Simon. On motion for preliminary injunction, and counter motion by defendant to dismiss. Plaintiff moves for preliminary injunction in action on Marconi patent No. 763,772, with counter motion by defendant to dismiss the bill, as well as to deny the injunction, because: (a) Defendant is a resident of the Eastern district of New York; and (b) whatever infringement or use of the patented device in suit he has committed or made has been and will be by and through the construction of certain radio apparatus for…
1Opinion of the Court
HOUGH, District Judge.
The appearance of counsel representing the Navy Department is as amicus. The United States is not a party to this suit, but it is in my opinion competent for the government, *907even in the most informal way, to intervene for the purpose of showing the interest of the public in what, upon its face, is an action between private parties.
The defendant’s motion to dismiss the bill on the ground that he is sued in the wrong district must be denied, if the record is to stop here. So far as affidavit making goes, I think it shown by a present fair preponderance of evidence that the…
2Cases cited4 opinions
- Crozier v. Fried. Krupp AktiengesellschaftSupreme Court of the United States · 1912
- Bullock Electric & Mfg. Co. v. Westinghouse Electric & Mfg. Co.Court of Appeals for the Sixth Circuit · 1904
- International Curtis Marine Turbine Co. v. William Cramp & Sons Ship & Engine Bldg. Co.Court of Appeals for the Third Circuit · 1914
- Foster Hose Supporter Co. v. Thomas P. Taylor Co.Court of Appeals for the Second Circuit · 1912
3Cited by11 opinions
- Great Minds v. Office Depot, Inc.Court of Appeals for the Ninth Circuit · 2019
- 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
- Marconi Wireless Telegraph Co. of America v. SimonCourt of Appeals for the Second Circuit · 1916
- Ethyl Corporation v. Hercules Powder CompanyDistrict Court, D. Delaware · 1964
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