Legal Opinion

American Bell Tel. Co. v. United States

Court of Appeals for the First Circuit

Decided May 18, 1895No. 121PublishedCited by 8 opinions

Appeal from the Circuit Court of the United States for the District of Massachusetts. This was a bill by the United States against the American Bell Telephone Company and Emile Berliner to cancel patent No. 463,569, for combined telegraph and telephone. The circuit court entered a decree for the cancellation of the patent (65 Fed. 86), and the respondents appeal.

1Opinion of the Court

PUTNAM, Circuit Judge.

This is a bill in equity, filed February 9, 1893, sigued in behalf of the United States by its attorney general, against the American Bell Telephone Company and Emile Berliner, containing a prayer in the alternative touching patent issued November 17, 1891, numbered 463,569, to the American Bell Telephone Company, as assignee of Berliner. The prayer is that the patent he in all things recalled, repealed, and decreed absolutely null, but that, if the patent is not deserving to be wholly repealed' but is repealable in part, a decree be made repealing only such parts as the…

2Cases cited18 opinions

  1. Seymour v. OsborneSupreme Court of the United States · 1871
  2. Miller v. Eagle Manufacturing Co.Supreme Court of the United States · 1894
  3. Morgan v. DanielsSupreme Court of the United States · 1894
  4. Smith v. Goodyear Dental Vulcanite Co.Supreme Court of the United States · 1877
  5. United States v. San Jacinto Tin Co.Supreme Court of the United States · 1888

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3Cited by8 opinions

  1. In re Gamewell Fire-Alarm Tel. Co.Court of Appeals for the First Circuit · 1896
  2. Eastern Paper Bag Co. v. Continental Paper Bag Co.U.S. Circuit Court for the District of Maine · 1905
  3. Allen-West Commission Co. v. PatilloCourt of Appeals for the Eighth Circuit · 1898
  4. Kelly v. Springfield Ry. Co.U.S. Circuit Court for the District of Southern Ohio · 1897
  5. Carson City Gold & Silver Min. Co. v. North Star Min. Co.Court of Appeals for the Ninth Circuit · 1897

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