Legal Opinion
Victor Talking Mach. Co. v. Duplex Phonograph Co.
District Court, W.D. Michigan
Decided May 27, 1909PublishedCited by 9 opinions
In Equity. Suit by the Victor Talking Machine Company and the United States Gramophone Company against the Duplex Phonograph Company. On final hearing.
1Opinion of the Court
KNAPPEN, District Judge.
The suit is upon patent No. 534,543, issued February 1.9, 1895, to Emil Berliner, complainants’ assignor, for improvements in machines for recording and reproducing sound, called in the patent “gramaphones.” Claims 5 (relating to method) and 35 (relating to apparatus for reproducing sound) are alone involved here. They are as follows:
“(5) The method of reproducing sounds from a record of the same which consists in vibrating a stylus and propelling the same along the record by and in accordance with the said record, substantially as described.”
“(38) In a sound…
2Cases cited15 opinions
- Smith v. Goodyear Dental Vulcanite Co.Supreme Court of the United States · 1877
- Miller v. Brass Co.Supreme Court of the United States · 1882
- 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
- Risdon Iron & Locomotive Works v. MedartSupreme Court of the United States · 1895
10 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Twentieth Century Machinery Co. v. Loew Mfg. Co.Court of Appeals for the Sixth Circuit · 1917
- Stead Lens Co. v. Kryptok Co.Court of Appeals for the Eighth Circuit · 1914
- Kryptok Co. v. Stead Lens Co.District Court, W.D. Missouri · 1913
- Atlantic, Gulf & Pacific Co. v. WoodCourt of Appeals for the Fifth Circuit · 1923
- Becton Dickinson & Co. v. R. P. Scherer Corp.Court of Appeals for the Sixth Circuit · 1954
4 more not listed; retrieve them via the Exa API.