Legal Opinion

Photochart v. Photo Patrol, Inc.

District Court, N.D. California

Decided November 29, 1949No. 27657-GPublished

1Opinion of the Court

GOODMAN, District Judge.

The three issues to be resolved in this cause are:

1. Is plaintiffs’ method patent No. 2,-382,617 (as reissued #22,881)1 valid?

2. Did defendants’ activities culminating in the photographing of horse racé finishes at Golden Gate Fields, California, *199in the autumn of 1947 amount to infringement of plaintiffs’ patent?

3. Did these activities constitute unfair competition ?

1. The Court holds the patent to be invalid. The use of slit photography to determine the speed of moving objects passing a given line was disclosed by foreign patents in the 1920’s. To put slit photography…

2Cases cited3 opinions

  1. Sanitary Refrigerator Co. v. WintersSupreme Court of the United States · 1929
  2. Kansas City Southern Ry. Co. v. Silica Products Co.Court of Appeals for the Eighth Circuit · 1931
  3. Vegetable Oil Products Co. v. Dorward & Sons Co.District Court, N.D. California · 1943

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