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DE FOREST RADIO TELEPHONE & T. CO. v. RADIO CORP. OF AMERICA

No. 3462.

20 F.2d 598 (1927)

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

Circuit Court of Appeals, Third Circuit.

June 27, 1927.

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 appellant.

John W. Davis, James J. Cosgrove, and James M. Nicely, all of New York City, and William G. Mahaffy, of Wilmington, Del., for appellee.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

WOOLLEY, Circuit Judge.

This suit is for infringement of Letters Patent No. 879,532 issued in 1908 to the inventor's assignee and, in 1914, acquired by the plaintiff through mesne assignments. Suit was brought in 1924, shortly before the patent expired. The trial court dismissed the bill and the plaintiff took this appeal.

As the validity of the patent is not questioned, the one issue is infringement. The defendant...

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