Victor Talking Machine Co. v. American Graphophone Co.
U.S. Circuit Court for the District of Southern New York
In Equity. Suit by the Victor Talking Machine Company against the American Graphophone Company. Decree for complainant. Suit in equity to restrain alleged infringement of United States letters patent No. 896,059, dated. August 11, 1908, “record for'talking machine,” and for an -accounting.
1Opinion of the Court
RAY, District Judge.
[1] The patent in suit, “record for talking machines,” was granted to Eldridge R. Johnson, assignor to Victor Machine Company, August 11, 1908, on divisional application filed November 12, 1904, original application filed August 16, 1898. While the complainant alleges in a general way that substantially all the cláims are infringed, it points out and specifically alleges infringement of claims 2, 3, 4, 8, 14, and 23. These claims read as follows:
“2. A disk sound record, having a cut laterally undulatory groove of substantially constant depth, the walls of said groove…
2Cases cited20 opinions
- Gayler v. WilderSupreme Court of the United States · 1851
- Robbins v. Chicago CitySupreme Court of the United States · 1867
- Litchfield v. Goodnow's AdministratorSupreme Court of the United States · 1887
- United States v. Harvey Steel Co.Supreme Court of the United States · 1905
- United States Ex Rel. Steinmetz v. AllenSupreme Court of the United States · 1904
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3Cited by2 opinions
- American Graphophone Co. v. Emerson Phonograph Co.District Court, S.D. New York · 1918
- Victor Talking Mach. Co. v. Starr Piano Co.Court of Appeals for the Second Circuit · 1920