Legal Opinion

Victor Talking Mach. Co. v. Starr Piano Co.

Court of Appeals for the Second Circuit

Decided January 14, 1920No. 130PublishedCited by 2 opinions

Appeal from the District Court of the United States for the Southern District of New York. Action by the Victor Talking Machine Company against the Starr Piano Company, for infringement of letters patent No. 896,059. On an application for a preliminary injunction, the motion was denied. Plaintiff appeals.

1Opinion of the Court

MANTON, Circuit Judge.

On August 11, 1908, letters patent No. 896,059 were issued to Eldridge R. Johnson for a record for talking machines. These letters patent have been assigned to the appellant. The appellee is charged with infringement of this patent. Claims 2, 3, and 8 are claimed to be infringed in this litigation, and read as follows : -

“2. A disk sound record, having a cut laterally undulatory groove of substantially constant depth, the walls of said groove diverging from the bottom of the' same to the surface of the record.

“3. The method of producing sound records, consisting in…

2Cases cited13 opinions

Mast, Foos & Co. v. Stover Manufacturing Co.Supreme Court of the United States · 1900
Leeds & Catlin Co. v. Victor Talking MacHine Co.Supreme Court of the United States · 1909
Smith v. Vulcan Iron WorksSupreme Court of the United States · 1897
Thomson-Houston Electric Co. v. Ohio Brass Co.Court of Appeals for the Sixth Circuit · 1897
Linde Air Products Co. v. Morse Dry Dock & Repair Co.Court of Appeals for the Second Circuit · 1917

8 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

Hodgson v. VroomCourt of Appeals for the Second Circuit · 1920
Art Metal Works, Inc. v. Abraham & Straus, Inc.District Court, E.D. New York · 1933