Legal Opinion

Motion Picture Patents Co. v. Universal Film Manufacturing Co.

Supreme Court of the United States

Decided April 9, 1917No. 715PublishedCited by 367 opinions

CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. The case is stated in the opinion. The restrictions on the right to use the machine were fully brought home to the Prague Amusement Company and were binding. This is settled by Henry v. Dick Co., 224 U. S. 1, and no doubt is cast upon that case by Bauer v. O’Donnell, 229 U. S. 1, which did not involve the right to impose restrictions on use.

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CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. The case is stated in the opinion. The restrictions on the right to use the machine were fully brought home to the Prague Amusement Company and were binding. This is settled by Henry v. Dick Co., 224 U. S. 1, and no doubt is cast upon that case by Bauer v. O’Donnell, 229 U. S. 1, which did not involve the right to impose restrictions on use. In the present case there were two distinct restrictions: First, that the machine should be used only-with motion pictures leased from a manufacturer licensed by the plaintiff;,and second,…

1Opinion of the CourtJustice Clarke

In this suit relief is sought against three defendant corporations as joint infringers of claim number seven of United States letters patent No. 707,934 granted to Wood-ville Latham, assignor, on August 26, 1902, for improvements in Projecting-Kinetoscopes. It is sufficient description of the patent to say that it covers a part of the mechanism used in-motion picture exhibiting machines for feeding a film through the machine with a regular, uniform and accurate movement and so as not to expose the film to excessive strain or wear.

The defendants in a joint answer do not dispute the title *506of…

2Cases cited14 opinions

  1. Continental Paper Bag Co. v. Eastern Paper Bag Co.Supreme Court of the United States · 1908
  2. McClain v. OrtmayerSupreme Court of the United States · 1891
  3. Winans v. DenmeadSupreme Court of the United States · 1854
  4. Pennock v. DialogueSupreme Court of the United States · 1829
  5. Henry v. A. B. Dick Co.Supreme Court of the United States · 1912

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3Cited by367 opinions

  1. Herbert Markman and Positek, Inc. v. Westview Instruments, Inc. And Althon Enterprises, Inc.Court of Appeals for the Federal Circuit · 1995
  2. Blonder-Tongue Laboratories, Inc. v. University of Illinois FoundationSupreme Court of the United States · 1971
  3. Sony Corp. of America v. Universal City Studios, Inc.Supreme Court of the United States · 1984
  4. Jefferson Parish Hospital District No. 2 v. HydeSupreme Court of the United States · 1984
  5. Interstate Circuit, Inc. v. United StatesSupreme Court of the United States · 1939

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