Victor Talking Mach. Co. v. Sonora Phonograph Co.
U.S. Circuit Court for the District of Southern New York
In Equity. Suit by the Victor Talking Machine Company and another against the Sonora Phonograph Company. On motion to modify injunction.
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In Equity. Suit by the Victor Talking Machine Company and another against the Sonora Phonograph Company. On motion to modify injunction. Upon a final hearing in this cause decree was entered the 15th day of December, 1910, 183 Fed. 849. The suit is upon Berliner patent, No. 534,543, •which by its terms expires on the 19th of February, 1912. The injunction aforesaid being in force, a motion is made to limit or modify the same upon the ground that it appears from the records of this court that the invention of the patent in suit has been adjudicated to he the same as that secured in the…
1Opinion of the CourtHough, District Judge
(after stating the facts as above). The only contention of defendant needing consideration is that, so far as the claims of the Berliner patent here relied upon' are concerned (Nos. 5 and 35), it is in the courts of this circuit, if not in all the courts of the United States, res adjudicata that the patent in suit expires by force of section 4887, Rev. Stat. (U. S. Comp. St. 1901, p. 3382), with the Suess Canadian patent above mentioned.
The inquiry whether the matter is res adjudicata will be made without any expression of opinion on my part as to the merits of the question as originally…
2Cases cited10 opinions
- Buck v. ColbathSupreme Court of the United States · 1866
- Leeds & Catlin Co. v. Victor Talking MacHine Co.Supreme Court of the United States · 1909
- Railroad Companies v. SchutteSupreme Court of the United States · 1881
- Union Pacific Railroad v. Mason City & Fort Dodge RailroadSupreme Court of the United States · 1905
- Minnesota Co. v. National Co.Supreme Court of the United States · 1866
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3Cited by1 opinion
- Victor Talking Mach. Co. v. HoschkeCourt of Appeals for the Second Circuit · 1911