Victor Talking Mach. Co. v. American Graphophone Co.
Court of Appeals for the Second Circuit
In Error to the Circuit Court of the United States for the Southern District.of New York. .This cause comes here on appeal by complainants from a decree on final hearing of the United States Circuit Court for the Southern District of New York, dismissing bill for infringement of patent No: 548,623, granted October 29, 1895, to Emil Berliner, for duplicating sound records. The opinion of the court below is reported in T45 Fed. 189.
1Opinion of the Court
TOWNSEND, Circuit Judge.
The court below reached the conclusion that the sound records of the defendant did -not infringe the claims in suit, for the reason that said claims were limited in terms and ■in fact to an article of manufacture composed of hard rubber'. An examination of the file wrapper confirms the correctness of this conclusion. It appears therefrom that the patentee, by reason of the rejection of his broad original claims, was forced to substitute the narrower claims'üpórí which-'the patent was finally allowed. '
The original application for the patent was filed by Berliner…
2Cases cited8 opinions
- Goodyear Dental Vulcanite Co. v. DavisSupreme Court of the United States · 1880
- Reece Button-Hole Ma. Co. v. Globe Button-Hole Ma. Co.Court of Appeals for the First Circuit · 1894
- Haughey v. LeeSupreme Court of the United States · 1894
- Boyer v. Keller Tool Co.Court of Appeals for the Third Circuit · 1903
- American Graphophone Co. v. Universal Talking Mach. Mfg. Co.Court of Appeals for the Second Circuit · 1907
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Lawrence v. Southern Pac. Co.U.S. Circuit Court for the District of Eastern New York · 1908
- Carson v. American Smelting & Refining Co.District Court, W.D. Washington · 1923
- Oriental Tissue Co. v. Louis De Jonge & Co.District Court, S.D. New York · 1916
- National Conduit & Cable Co. v. John A. Roebling's Sons Co.Court of Appeals for the Second Circuit · 1907
- Besser v. Merillat Culvert Core Co.District Court, S.D. Iowa · 1915
1 more not listed; retrieve them via the Exa API.