WESTINGHOUSE ELECTRIC & MFG. CO. v. DE FOREST RADIO T. & T. CO.

Nos. 3563, 3624-3627.

21 F.2d 918 (1927)

WESTINGHOUSE ELECTRIC & MFG. CO. v. DE FOREST RADIO TELEPHONE & TELEGRAPH CO. and four other cases.

Circuit Court of Appeals, Third Circuit.

October 6, 1927.


Attorney(s) appearing for the Case

Drury W. Cooper, Thomas Ewing, H. Frank Wiegand, and Howson & Howson, all of New York City, for appellant Westinghouse Electric & Mfg. Co.

Harry E. Dunham, of Schenectady, N. Y., Ralph B. Evans, of Philadelphia, Pa., and William G. Mahaffy, of Wilmington, Del., for appellant General Electric Co. and another.

Harry E. Knight, Clifton V. Edwards, and Octavius Knight, Sp. Asst. Attys. Gen., for the United States and another.

Samuel E. Darby, Jr., of New York City, Thomas G. Haight, of Jersey City, N. J., and F. B. Bracken and Morgan, Lewis & Bockius, all of Philadelphia, Pa., for appellee De Forest Radio Telephone & Telegraph Co.

William R. Ballard, of New York City, and Ward & Gray, of Wilmington, Del., for appellee American Telephone & Telegraph Co.

Carroll R. Williams, of Philadelphia, Pa., for Federal Telephone Co., amicus curiæ.

Walter H. Pumphrey, of New York City, for A. H. Grebe & Co., amicus curiæ.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.


WOOLLEY, Circuit Judge.

These cases concern the priority of conception and reduction to practice of a great invention in radio or wireless signalling systems. Though the main issues are purely of fact they are far from simple. This is because of the highly technical character of the still mysterious art out of which they arose and, also, because of the difficulty the lay mind has in comprehending the invention and discovering...

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