Victor Talking Mach. Co. v. Starr Piano Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Suit in equity by the Victor Talking Machine Company against the Starr Piano Company. Decree for defendant, and complainant appeals. Appeal by the plaintiff from a decree of the United States District Court for the Southern District of New York, dismissing the bill of complaint for lack of invention and for abandonment.
Read the full summary
Appeal from the District Court of the United States for the Southern District of New York. Suit in equity by the Victor Talking Machine Company against the Starr Piano Company. Decree for defendant, and complainant appeals. Appeal by the plaintiff from a decree of the United States District Court for the Southern District of New York, dismissing the bill of complaint for lack of invention and for abandonment. The suit was to restrain alleged infringement or United States letters patent No. 896,059, granted August 11, 1908, to Eldridge R. Johnson. The specification states: “My invention…
1Opinion of the CourtAugustus N. Hand, District Judge
(after stating the facts as above). [1] The invention claimed in the patent in suit and expressed in the two claims in issue is defined by complainant’s counsel as embodying : (1) A master record, (2) in disk form, (3) with spiral laterally undulating sound record groove of the gramophone type, i. e., of microscopic size and of uniform depth and trench-like for piloting as well as for sound-reproducing purposes, (4) the groove being formed by the direct action of sound waves, (5) in wax or wax-like material, (6) cut out and the material of the groove removed (7) in such way that it becomes…
2Cases cited7 opinions
- Kendall v. WinsorSupreme Court of the United States · 1859
- Macbeth-Evans Glass Co. v. General Electric Co.Court of Appeals for the Sixth Circuit · 1917
- United States Rifle & Cartridge Co. v. Whitney Arms Co.Supreme Court of the United States · 1886
- American Graphophone Co. v. Universal Talking Mach. Mfg. Co.Court of Appeals for the Second Circuit · 1907
- Cornelly v. MarkwaldU.S. Circuit Court for the District of Southern New York · 1885
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Electric Storage Battery Co. v. ShimadzuSupreme Court of the United States · 1939
- Specialty Equipment & MacHinery Corp. v. Zell Motor Car Co.Court of Appeals for the Fourth Circuit · 1952
- Gotz v. Universal Products Co.District Court, D. Delaware · 1943
- Appliance Inv. Co. v. Western Electric Co.Court of Appeals for the Second Circuit · 1932
- Andresen v. Clear Ridge Aviation, Inc.District Court, D. Nebraska · 1949
10 more not listed; retrieve them via the Exa API.