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RADIO-CRAFT CO. v. WESTINGHOUSE ELECTRIC & MFG. CO.

No. 3065.

7 F.2d 432 (1925)

RADIO-CRAFT CO., Inc., et al. v. WESTINGHOUSE ELECTRIC & MFG. CO.

Circuit Court of Appeals, Third Circuit.

Rehearing Denied September 11, 1925.

Attorney(s) appearing for the Case

Thomas G. Haight, of Jersey City, N. J., Samuel E. Darby, Jr., of New York City, and Edward J. O'Mara, of Jersey City, N. J., for appellants.

Charles Neave, Stephen H. Philbin, and James J. Cosgrove, all of New York City, for appellee.

Before WOOLLEY and DAVIS, Circuit Judges, and LYNCH, District Judge.

DAVIS, Circuit Judge.

Edwin H. Armstrong was the patentee and owner of United States letters patent No. 1,113,149, for the use of regenerative circuit, with electron discharge tubes, in radio apparatus. On September 20, 1921, he granted a license under the patent to the Radio-Craft Company, Inc., to manufacture and sell radio apparatus. The controversy before us arose over the meaning of paragraph 3 in the license agreement. It provides that:

"The licensor...

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