Legal Opinion

Motion Picture Patents Co. v. Yankee Film Co.

U.S. Circuit Court for the District of Southern New York

Decided January 3, 1911Published

In Equity. Suits by the Motion Picture Patents Company against the Yankee Film Company and against William Steiner and others. On motions for preliminary injunction.

1Opinion of the Court

LACOMBE, Circuit Judge.

The defense of failure to disclaim as to claim 4 was disposed of in decision on the demurrer.

The defense of prior invention by Friese-Greene, now presented for the first time after the patent has been for several years in litigation and long since sustained by the Circuit Court of Appeals, is one to be passed upon at final hearing.

The defense that the suit against the Mutoscope Company, in which the Circuit Court of Appeals sustained the validity of the patent, was a collusive one, must also be reserved for final hearing.

As to infringement: Defendants have been engaged…

2Cases cited1 opinion

  1. Motion Picture Patents Co. v. Champion Film Co.U.S. Circuit Court for the District of Southern New York · 1910

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