Leeds & Catlin Co. v. Victor Talking MacHine Co.
Supreme Court of the United States
CERTIORARI TO THE. CIRCUIT COURT OP APPEALS FOR THE SECOND CIRCUIT. This case is fiere on certiorari to an interlocutory decree of injunction restraining the petitioner, Leeds & Catlin Company from manufacturing, using or selling sound reproducing apparatus or deyices embodied in claim No. 35 of letters patent No. 534,543, issued ito Emil Berliner, bearing date nineteenth of February, 1895, and also from manufacturing, using or selling or in any way disposing of apparatus or…
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CERTIORARI TO THE. CIRCUIT COURT OP APPEALS FOR THE SECOND CIRCUIT. This case is fiere on certiorari to an interlocutory decree of injunction restraining the petitioner, Leeds & Catlin Company from manufacturing, using or selling sound reproducing apparatus or deyices embodied in claim No. 35 of letters patent No. 534,543, issued ito Emil Berliner, bearing date nineteenth of February, 1895, and also from manufacturing, using or selling or in any way disposing of apparatus or devices which embody the method specified-in' claim No. 5 of the same'patent. These claims will be given hereafter. The…
1Opinion of the CourtJustice McKenna
The motion for preliminary injunction was made upon affidavits. Those of respondent (complainant in the Circuit Court) described the invention and the machine made in accordance therewith, averred the practical identity of petitioner’s machine therewith, and set forth the record in the case of The Victor Machine Co. and The United States Gramophone Co. v. The American Graphophone Co., instituted in the Circuit Court for the Southern District of New York. The affidavits averred that the suit was pending and awaiting decision when this suit was brought, and was subsequently decided; that by the…
2Cases cited4 opinions
- Bate Refrigerating Co. v. SulzbergerSupreme Court of the United States · 1895
- United States Ex Rel. Steinmetz v. AllenSupreme Court of the United States · 1904
- Siemens's Administrator v. SellersSupreme Court of the United States · 1887
- Pohl v. Anchor Brewing Co.Supreme Court of the United States · 1890
3Cited by184 opinions
- Keystone Driller Co. v. General Excavator Co.Supreme Court of the United States · 1933
- Mercoid Corp. v. Mid-Continent Investment Co.Supreme Court of the United States · 1944
- Altoona Publix Theatres, Inc. v. American Tri-Ergon Corp.Supreme Court of the United States · 1935
- Expanded Metal Co. v. BradfordSupreme Court of the United States · 1909
- Deepsouth Packing Co. v. Laitram Corp.Supreme Court of the United States · 1972
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