Edison v. American Mutoscope & Biograph Co.
Court of Appeals for the Second Circuit
Appeal from the Circuit Court of the United States for the Southern. District of New York. This cause comes here upon appeal from a decree of the Circuit Court, Southern District of New York, dismissing a bill in equity for infringement of a patent. The patent is reissue No. 12,037, dated September 30, 1902, original No. 589,168 (August 31, 1897), to Thomas A. Edison for a kinetoscope.
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Appeal from the Circuit Court of the United States for the Southern. District of New York. This cause comes here upon appeal from a decree of the Circuit Court, Southern District of New York, dismissing a bill in equity for infringement of a patent. The patent is reissue No. 12,037, dated September 30, 1902, original No. 589,168 (August 31, 1897), to Thomas A. Edison for a kinetoscope. The opinion below will be found in 144 Fed. 121. The original patent was before this court in a suit by the same complainant against the same defendant, reported 114 Fed. 926, 52 C. C. A. 546. The claims of the…
1Opinion of the CourtLacombe, Circuit Judge
(after stating the facts). Upon the ap)eal in the first suit we discussed the prior art and the general character )f the device sought to be patented at very great length. It is unnecessary to repeat that discussion. All that was said in the prior opinion, zowever, may be considered as embodied herein, since the conclusion hereinafter expressed is founded upon the findings then made, and which nothing in the present record or argument induces us to qualify n any manner. We held that Edison was “not a pioneer in the large sense of the term, or in the limited sense in which he would have been…
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