Marconi Wireless Telegraph Co. v. De Forest Radio Telephone & Telegraph 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 in equity by the Marconi Wireless Telegraph Company of America against the De Forest Radio Telephone & Telegraph Company. Decree for complainant, and dismissing counterclaim, and defendant appeals.
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Appeal from the District Court of the United States for the Southern District of New York. Suit in equity by the Marconi Wireless Telegraph Company of America against the De Forest Radio Telephone & Telegraph Company. Decree for complainant, and dismissing counterclaim, and defendant appeals. The plaintiff (hereinafter called Marconi) brought this action against defendant (hereinafter called De Forest) alleging infringement of claims 3 and 37 of patent dated Nor ember 7, 1905, issued on application of John Ambrose Fleming, filed April 19, 190» (No. 803,684). The claims in suit are as follows:…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). The subject-matter of this action is a “detector.” That word will be used in this decision as signifying any device, or piece of apparatus, which, when energized, actuated, or acted upon by or by means of the so-called Hertzian waves, enables man, through the senses of hearing or sight, to understand signals based upon the intentionally regulated etnis*562sion or propagation of the waves aforesaid. The patent of the bill is said to cover and protect a detector, hereinafter called the “Fleming valve.” Defendant uses a detector which it calls the “audion.”…
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