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BRITISH ACOUSTIC FILMS v. ELECTRICAL RESEARCH PRODUCTS

Nos. 7309, 7310.

113 F.2d 263 (1940)

BRITISH ACOUSTIC FILMS, LIMITED, v. ELECTRICAL RESEARCH PRODUCTS, Inc. SAME v. R. C. A. MFG. CO., Inc.

Circuit Court of Appeals, Third Circuit.

June 27, 1940.

Attorney(s) appearing for the Case

Hugh M. Morris, of Wilmington, Del. (Samuel E. Darby, Jr., and Paul Kolisch, both of New York City, of counsel), for appellant.

Stephen H. Philbin and John B. Cuningham, both of New York City, and Herbert L. Cohen, of Wilmington, Del., for defendant RCA Mfg. Co.

Merrell E. Clark, Henry R. Ashton, and Edmund J. Driscoll, all of New York City, and E. Ennalls Berl, of Wilmington, Del., for appellee Electrical Research Products, Inc.

Before BIGGS, MARIS and CLARK, Circuit Judges.

MARIS, Circuit Judge.

These cases involve the validity of claims 1 and 2 of the Poulsen and Peterson patent No. 1,597,819 issued August 31, 1926, and claims 1, 2 and 3 of the Poulsen patent No. 2,006,719 issued July 2, 1935. They will be referred to herein as the first and second Poulsen patents. Subsidiary questions of infringement, if the patents are valid, are also involved. In separate suits by the plaintiff, the present...

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