Kintner v. Atlantic Communication Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Suit by Samuel M. Kintner and another, as receivers, against the Atlantic Communication Company and others, for infringement of a patent. From a decree dismissing the bill (230 Fed. 829), complainants appeal.
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Appeal from the District Court of the United States for the Southern District of New York. Suit by Samuel M. Kintner and another, as receivers, against the Atlantic Communication Company and others, for infringement of a patent. From a decree dismissing the bill (230 Fed. 829), complainants appeal. Plaintiffs appeal from a final decree in equity, entered in the District Court, dismissing a bill brought for alleged infringement of claims 1 and 3 of patent No. 918,306, issued April 13,' 1909, to Reginald A. Fessenden, upon an application filed July 1, 1907. In the court below suit was not only…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). This court is not required to give, and the parties may be spared, any description or history of the art of radio communication, as a preface to the consideration of this appeal. The case at bar does not raise for decision questions affecting the fundamentals of that art; and in so far as it does attack defendant’s right to use a certain method of producing ether waves, the historical relation of the method in question to the art in general, and many details of commercial practice said to prove or disprove infringement, are sufficiently treated in the…
2Cases cited2 opinions
- National Electric Signaling Co. v. Telefunken Wireless Telegeaph Co.District Court, S.D. New York · 1913
- National Electric Signaling Co. v. Telefunken Wireless Telegraph Co.Court of Appeals for the Third Circuit · 1913
3Cited by11 opinions
- Hatten R. Co. v. Baylies Et Ux.Wyoming Supreme Court · 1930
- Simpson v. Newport News Shipbuilding & Dry Dock Co.District Court, S.D. New York · 1920
- American Metal Cap Co. v. Anchor Cap & Closure Corp.District Court, E.D. New York · 1921
- Bishop & Babcock Manufacturing Co. v. Sears, Roebuck & Co.District Court, N.D. Ohio · 1954
- Dynamic Balancing Mach. Co. v. AkimoffDistrict Court, E.D. Michigan · 1922
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