Legal Opinion

American Bell Tel. Co. v. National Tel. Mfg. Co.

U.S. Circuit Court for the District of Massachusetts

Decided June 24, 1901No. Nos. 653, 655PublishedCited by 7 opinions

In Equity.

1Opinion of the Court

BROWN, District Judge.

The decree in these cases must be for the defendants.

A

I find the Berliner patent invalid:

1. Because, at the date of the application, June 4, 1877, Berliner had not made the invention covered by the patent issued to the American Bell Telephone Company on November 17, 1891. Berliner’s application says, of the instruments shown in the drawing of the patent: “These simple instruments will reproduce any musical sound uttered in the neighborhood of one of them; but for the reproduction of special sound, such as speech, they are not adapted.” A clear statement of the reasons is…

2Cases cited45 opinions

  1. The Barbed Wire PatentSupreme Court of the United States · 1892
  2. Boyden Power-Brake Co. v. Westinghouse Westinghouse v. Boyden Power-Brake Co.Supreme Court of the United States · 1898
  3. Miller v. Eagle Manufacturing Co.Supreme Court of the United States · 1894
  4. Graves v. United StatesSupreme Court of the United States · 1893
  5. In Re SnowSupreme Court of the United States · 1887

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3Cited by7 opinions

  1. Helen Russell Pierce, of the Last Will and Testament of George Washington Pierce, Deceased v. Allen B. Du Mont Laboratories, IncCourt of Appeals for the Third Circuit · 1961
  2. In re KelloggDistrict Court, W.D. New York · 1902
  3. Robinson v. Tubular Woven Fabric Co.District Court, D. Rhode Island · 1917
  4. United Wireless Telegraph Co. v. National Electric Signaling Co.Court of Appeals for the First Circuit · 1912
  5. Cleveland Foundry Co. v. Detroit Vapor Stove Co.U.S. Circuit Court for the District of Eastern Michigan · 1903

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