Legal Opinion

De Forest Radio Telephone & Telegraph Co. v. Radio Corp. of America

Court of Appeals for the Third Circuit

Decided June 27, 1927No. 3462PublishedCited by 13 opinions

1Opinion of the Court

WOOLLEY, Circuit Judge.

This suit is for infringement of Letters Patent No. 879,-532 issued in 1908 to the inventor’s assignee and, in 1914, acquired by the plaintiff through mesne assignments. Suit was brought in 1924, shortly before the patent expired. The trial court dismissed the bill and the plaintiff took this appeal.

As the validity of the patent is not questioned, the one issue is infringement. The defendant admits that it had sold the invention of the patent in large numbers, but defends under a license to sell the invention, and under a claim that the manufacturers from whom it…

2Cases cited4 opinions

  1. In re Watertown Paper Co.Court of Appeals for the Second Circuit · 1909
  2. Pennsylvania Canal Co. v. BrownCourt of Appeals for the Third Circuit · 1916
  3. Brown v. Pennsylvania R.Court of Appeals for the Third Circuit · 1918
  4. Westinghouse Electric & Mfg. Co. v. Allis-Chalmers Co.Court of Appeals for the Third Circuit · 1910

3Cited by13 opinions

  1. Hook v. Hook & Ackerman, Inc.Court of Appeals for the Third Circuit · 1951
  2. Owl Fumigating Corporation v. California Cyanide Co.District Court, D. Delaware · 1928
  3. Lámar v. GrangerDistrict Court, W.D. Pennsylvania · 1951
  4. Westinghouse Electric & Mfg. Co. v. De Forest Radio Telephone & Telegraph Co.Court of Appeals for the Third Circuit · 1927
  5. Minnesota Mining & Manufacturing Co. v. BlumeDistrict Court, S.D. Ohio · 1979

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