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DE FOREST RADIO TELEPHONE & TELEGRAPH CO. v. RADIO CORP.

No. 553.

9 F.2d 150 (1925)

DE FOREST RADIO TELEPHONE & TELEGRAPH CO. v. RADIO CORPORATION OF AMERICA.

District Court, D. Delaware.

November 12, 1925.

Attorney(s) appearing for the Case

Thomas G. Haight, of Jersey City, N. J., Samuel E. Darby, Jr., of New York City, and E. Ennalls Berl, of Wilmington, Del., for plaintiff.

John W. Davis, and Sheffield & Betts, all of New York City, and William G. Mahaffy, of Wilmington, Del., for defendant.

MORRIS, District Judge.

Though this suit, instituted on the 26th day of September, 1924, by De Forest Radio Telephone & Telegraph Company against Radio Corporation of America, is an infringement suit, based upon patent No. 879,532, covering radio vacuum tubes, and though the usual relief — injunction and accounting — is sought, yet the underlying or subordinate issues are not of the most usual character, for the defendant concedes the validity of...

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