National Phonograph Co. v. Fletcher
U.S. Circuit Court for the District of Eastern New York
In Equity. Suit for infringement of letters patent No. 397,280, issued February 5, 1889, to Thomas A. Edison, for a phonograph recorder and reproducer, No. 430,278, issued June 17, 1890, to the same inventor, for a phonograph, and No. 484,584, issued October 18, 1892, to the same inventor, for a phonograph reproducer. On final hearing.
1Opinion of the Court
THOMAS, District Judge.
The complainant owns three patents covering reproducers used in the Edison phonograph. The defendant, by circulars, requested owners to send their Edison reproducers, *150and promised to return them so improved that they would better perform their functions. The evidence does not show that the reproducers received by the defendant needed repair, although it is infer-able that they had been used. Of 1,500 changed, nearly all came from one or two dealers in phonographs and parts thereof. A few were received from individual sources. Hence the defendant did not buy or sell…
2Cases cited7 opinions
- Morgan Envelope Co. v. Albany Perforated Wrapping Paper Co.Supreme Court of the United States · 1894
- Wilson v. SimpsonSupreme Court of the United States · 1850
- Chaffee v. Boston Belting Co.Supreme Court of the United States · 1859
- Goodyear Shoe Machinery Co. v. JacksonCourt of Appeals for the First Circuit · 1901
- Davis Electrical Works v. Edison Electric Light Co.Court of Appeals for the First Circuit · 1894
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3Cited by4 opinions
- Bassick Mfg. Co. v. Ready Auto Supply Co.District Court, E.D. New York · 1927
- Union Special Mach. Co. v. MaiminDistrict Court, E.D. Pennsylvania · 1908
- National Cash Register Co. v. GrobetDistrict Court, S.D. New York · 1906
- Champion Spark Plug Co. v. EmenerDistrict Court, E.D. Michigan · 1936