American Graphophone Co. v. Universal Talking Mach. Mfg. Co.
Court of Appeals for the Second Circuit
• Appeals from the Circuit Court of the United States for the Southern District of New York. These causes come here upon appeals from decrees of the United .States Circuit Court for the Southern District of New York, dismissing bills alleging infringement by defendants of complainant’s patent No. 688,739, .granted December 10, 1901, to Joseph W. Jones, for a' process of producing sound records. The opinions of the court below are reported in 145 Fed. 636, 643.
1Opinion of the Court
TOWNSEND, Circuit Judge.
The court below, upon a well-considered and exhaustive discussion of the patented process and of the prior art, and of the other evidence, held that the patent disclosed a patentable process, but said as follows:
“The step by which the tablet Is cut into or engraved by the lateral movement of the stylus, instead of such undulations being traced or etched, was perhaps a step forward. Old ideas and suggestions, however, which are found in prior publications, were used to produce the better result. This achievement did not involve the ingenuity of an inventor, but comes…
2Cases cited14 opinions
- Loom Co. v. HigginsSupreme Court of the United States · 1882
- McClain v. OrtmayerSupreme Court of the United States · 1891
- Carnegie Steel Co. v. Cambria Iron Co.Supreme Court of the United States · 1902
- Smith v. NicholsSupreme Court of the United States · 1875
- Pennsylvania Railroad v. Locomotive Engine Safety Truck Co.Supreme Court of the United States · 1884
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3Cited by12 opinions
- Fonotipia Ltd. v. BradleyU.S. Circuit Court for the District of Eastern New York · 1909
- Victor Talking Mach. Co. v. Starr Piano Co.Court of Appeals for the Second Circuit · 1922
- American Graphophone Co. v. Leeds & Catlin Co.Court of Appeals for the Second Circuit · 1909
- Campbell v. American Shipbuilding Co.Court of Appeals for the Sixth Circuit · 1910
- Commonwealth v. WVCH Communications, Inc.Commonwealth Court of Pennsylvania · 1976
7 more not listed; retrieve them via the Exa API.