Marconi Wireless Telegraph Co. of America v. Kilbourne & Clark Mfg. Co.
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the Northern Division of the Western District of Washington; Jeremiah Neterer, Judge. Suit by the Marconi Wireless Telegraph Company of America against the Kilboume & Clark Manufacturing Company to restrain infringement of patents and for damages. From a decree finding, infringement of expired patent, but not of the existing patent (239 Fed. 328), plaintiff appeals.
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Appeal from the District Court of the United States for the Northern Division of the Western District of Washington; Jeremiah Neterer, Judge. Suit by the Marconi Wireless Telegraph Company of America against the Kilboume & Clark Manufacturing Company to restrain infringement of patents and for damages. From a decree finding, infringement of expired patent, but not of the existing patent (239 Fed. 328), plaintiff appeals. The suit as filed involved claims 1, 2, and 5 of letters patent No. 609,154, dated August 16, 1898, issued to Oliver Lodge, for improvements in electric telegraphy, expired…
1Opinion of the Court
MORROW, Circuit Judge.
This is an apxieal by the plaintiff and a cross-appeal by the defendant from the final decree entered July 16, 1917, in the District Court of the Western District of Washington, Northern Division. The decree sustains claims 1, 2, and 5 of letters patent No. 609,154, dated August 16, 1898, and issued to Oliver Lodge, for improvements in electric telegraphy. The court held that the defendant had infringed the same by manufacturing and selling apparatus employing the invention thereof, but no injunction was granted restraining the infringement, as the patent had expired…
2Cases cited5 opinions
- Boyden Power-Brake Co. v. Westinghouse Westinghouse v. Boyden Power-Brake Co.Supreme Court of the United States · 1898
- Westinghouse v. Boyden Power Brake Co.Supreme Court of the United States · 1898
- Marconi Wireless Telegraph Co. of America v. National Electric Signaling Co.District Court, E.D. New York · 1914
- Marconi Wireless Telegraph Co. v. Kilbourne & Clark Mfg. Co.District Court, W.D. Washington · 1916
- Marconi Wireless Telegraph Co. v. De Forest Wireless Telegraph Co.U.S. Circuit Court for the District of Southern New York · 1905
3Cited by6 opinions
- Marconi Wireless Co. v. United StatesSupreme Court of the United States · 1943
- Marconi Wireless Telegraph Company of America v. United StatesSupreme Court of the United States · 1943
- Fulmer v. United StatesDistrict Court, N.D. Alabama · 1949
- Marconi Wireless Telegraph Company of America v. United StatesSupreme Court of the United States · 1943
- Marconi Wireless Telegraph Company of America v. United StatesSupreme Court of the United States · 1943
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