Victor Talking Mach. Co. v. Hoschke
Court of Appeals for the Second Circuit
Appeal from the Circuit Court of the United States for the Southern District of New York. Suit in equity by the Victor Talking Machine Company and another against William H. Hoschke and the Sonora Phonograph Company. Decree for defendants (188 Fed. 330), and complainants appeal.
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Appeal from the Circuit Court of the United States for the Southern District of New York. Suit in equity by the Victor Talking Machine Company and another against William H. Hoschke and the Sonora Phonograph Company. Decree for defendants (188 Fed. 330), and complainants appeal. This cause comes here upon appeal from a decree of the Circuit Court dismissing the bill in a suit for infringement of United States patent No. 534,543, issued February 19, 1895, to Emil -Berliner, for a gramophone.
1Opinion of the Court
LACOMBE, Circuit Judge.
The patent in question is the well-known Berliner patent, which has been frequently before the courts. Its two claims, Nos. 5 and 35, are basic, and have been held valid by the Supreme Court. Leeds & Catlin v. Victor Talking Machine Company, 213 U. S. 301, 29 Sup. Ct. 495, 53 L. Ed. 805; Talk-O-Phone Company v. Same, 213 U. S. 325, 29 Sup. Ct. 503, 53 L. Ed. 816.
The single defense in this suit is that the Berliner patent expired *327with the expiration of the original term of a Canadian patent granted to Werner Suess, assignor to Rmil Berliner, the term of which Canadian…
2Cases cited5 opinions
- Leeds & Catlin Co. v. Victor Talking MacHine Co.Supreme Court of the United States · 1909
- Leeds & Catlin Company v. Victor Talking Machine Company (No. 2)Supreme Court of the United States · 1909
- Victor Talking Mach. Co. v. American Graphophone Co.Court of Appeals for the Second Circuit · 1906
- Victor Talking Mach. Co. v. Talk-O-Phone Co.U.S. Circuit Court for the District of Southern New York · 1906
- Victor Talking Mach. Co. v. Sonora Phonograph Co.U.S. Circuit Court for the District of Southern New York · 1911
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