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RADIO CONDENSER CO. v. GENERAL INSTRUMENT CORPORATION

No. 387.

65 F.2d 458 (1933)

RADIO CONDENSER CO. v. GENERAL INSTRUMENT CORPORATION.

Circuit Court of Appeals, Second Circuit.

May 1, 1933.

Attorney(s) appearing for the Case

Clyde A. Norton, of New York City (M. Theodore Simmons, of New York City, of counsel), for appellant.

Pennie, Davis, Marvin & Edmonds, of New York City (Dean S. Edmonds, of New York City, of counsel), for appellee.

Before L. HAND, SWAN, and CHASE, Circuit Judges.

SWAN, Circuit Judge.

The counterclaim was dismissed on the ground that the patents to Cohen were invalid because of unreasonable delay in filing a disclaimer after adverse decisions in interference proceedings in the United States Patent Office. From an affidavit supporting the motion to dismiss, it appears that almost immediately after the issuance of the first Cohen patent, No. 1,555,634, issued September 29, 1925, claims 1 and 2 were placed in interference with...

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