Hewitt v. American Telephone & Telegraph Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Suit by Peter Cooper Hewitt against the American Telephone & Telegraph Company. From a decree dismissing the bill (272 Fed. 194), plaintiff appeals. Jurisdiction depends upon diversity of citizenship, and suit is brought to establish and declare Mr. Hewitt’s rights as against the American Company under an admitted written contract between the parties hereto.
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Appeal from the District Court of the United States for the Southern District of New York. Suit by Peter Cooper Hewitt against the American Telephone & Telegraph Company. From a decree dismissing the bill (272 Fed. 194), plaintiff appeals. Jurisdiction depends upon diversity of citizenship, and suit is brought to establish and declare Mr. Hewitt’s rights as against the American Company under an admitted written contract between the parties hereto. Tn and before 1913 plaintiff was well known as an inventor in the electrical field, while defendant coni rolled much, if not most, of the telegraph…
1Opinion of the Court
HOUGH, Circuit Judge.
[1] The nature of the evidence produced, and method of presentation, has produced a somewhat misleading resemblance between this suit and the ordinary proceeding for infringement. It must, however, he recognized that the usual infringement suit is to restrain a continuing tort, while this is upon a contract, under which defendant is a licensee. Therefore it is admittedly estopped to deny validity, and bound to accord to plaintiff a benevolent interpretation of the patents under which license exists. This last statement is really but a corollary to the rule that invention…
2Cases cited1 opinion
- Marconi Wireless Telegraph Co. of America v. De Forest Radio Telephone & Telegraph Co.District Court, S.D. New York · 1916
3Cited by8 opinions
- Cold Metal Process Co. v. United Engineering & Foundry Co.Court of Appeals for the Third Circuit · 1956
- Baker Oil Tools, Inc. v. BurchCourt of Appeals for the Tenth Circuit · 1934
- Dwight & Lloyd Sintering Co. v. American Ore Reclamation Co.District Court, S.D. New York · 1941
- Western Electric Co. v. WallersteinCourt of Appeals for the Second Circuit · 1932
- Westinghouse Electric & Mfg. Co. v. Royal-Eastern Electrical Supply Co.District Court, E.D. New York · 1925
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