American Graphophone Co. v. Victor Talking Mach. Co.
Court of Appeals for the Second Circuit
In Error to the Circuit Court of the United States for the Southern District of New York. Suit in equity by the Victor Talking Machine Company and the United States Gramaphone Company against the American Graphophone Company. From an order (178 Fed. 577) imposing a fine for contempt, defendant appeals.
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In Error to the Circuit Court of the United States for the Southern District of New York. Suit in equity by the Victor Talking Machine Company and the United States Gramaphone Company against the American Graphophone Company. From an order (178 Fed. 577) imposing a fine for contempt, defendant appeals. Writ of error to an order of the Circuit Court fining the defendant in the sum1 of $1,000 payable to the United States for contempt in violating an injunction restraining it from infringing claims 5 and 35 of United States letters patent No. 534,543 to Emil Berliner.
1Opinion of the Court
WARD, Circuit Judge.
The complainant the Victor Talking Machine Company is licensee under the Berliner patent for a talking machine called the “gramophone.” It obtained an injunction in a suit against the defendant, the American Graphophone Company ([C. C.]) 140 Fed. 350, affirmed 145 Fed. 350, 76 C. C. A. 180), which the court below has held to have been violated. Claims 5 and 35 of the patent were sustained for the process of reproducing sounds and the apparatus for doing so, being a combination of the Berliner reproducing stylus with sound records which were old.
“5. The method of…
2Cases cited8 opinions
- 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
- Leeds & Catlin Co. v. Victor Talking Mach. Co.Court of Appeals for the Second Circuit · 1907
- American Graphophone Co. v. Universal Talking Mach. Mfg. Co.Court of Appeals for the Second Circuit · 1907
- American Graphophone Co. v. Leeds & Catlin Co.Court of Appeals for the Second Circuit · 1909
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3Cited by1 opinion
- American Pastry Products Corp. v. United Products Corp.District Court, D. Massachusetts · 1930