American Graphophone Co. v. National Gramophone Co.
U.S. Circuit Court for the District of Southern New York
Motion for preliminary injunction on United States patent to Bell & Tainter for improvement in recording and reproducing speech, etc., No. 341,214, May 4, 1886.
1Opinion of the Court
DACOMBE, Circuit Judge.
Although the notice of motion embraces claims 19 to 23, both inclusive, complainant has addressed its argument solely to claim 21. The others may be considered as withdrawn from this application. It is difficult to see upon what theory this court can assume that Judge Shipman, in the case of Same Plaintiff v. Leeds, 87 Fed. 873, held the twenty-first claim not to be valid, in view of the fact that the decree in that case expressly declares that the patent is valid so far as that claim is concerned. Nor is there anything in the opinion in the Leeds Case which would…
2Cases cited1 opinion
- American Graphophone Co. v. LeedsU.S. Circuit Court for the District of Southern New York · 1898
3Cited by1 opinion
- Timolat v. Franklin Boiler Works Co.Court of Appeals for the Second Circuit · 1903