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AMERICAN TRI-ERGON CORP. v. PARAMOUNT PUBLIX CORP.

No. 439.

71 F.2d 153 (1934)

AMERICAN TRI-ERGON CORPORATION v. PARAMOUNT PUBLIX CORPORATION.

Circuit Court of Appeals, Second Circuit.

June 4, 1934.

Attorney(s) appearing for the Case

Ward, Crosby & Neal, of New York City (Theodore S. Kenyon, S. Mortimer Ward, Jr., and Page S. Haselton, all of New York City, of counsel), for appellant.

Charles Neave, Henry R. Ashton, William J. Barnes, F. T. Woodward, and E. J. Driscoll, all of New York City, for appellee.

Before MANTON, SWAN, and CHASE, Circuit Judges.

MANTON, Circuit Judge.

This suit is for infringement of patent No. 1,825,598, a process for producing combined sound and picture films. It is called "sound on film." The application for the patent was filed March 29, 1922, and granted September 29, 1931, after a long interference proceeding with De Forest patent, No. 1,489,314, which was finally decided by the Court of Customs and Patent Appeals in appellant's favor. De Forest v. Vogt, Massolle & Engl,

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