National Electric Signaling Co. v. De Forest Wireless Telegraph Co.

Citations

• 140 F. 449
• 1905 U.S. App. LEXIS 4805

Syllabus

<p>1. Patents — Conflicting Claims to Invention — Presumption from Grant of Patent.</p> <p>The faet that an invention was first operated, by another than the patentee does not rebut the presumption of invention by him, arising from the granting of the patent, where both persons were present at the time of such operation and each claims to have been the originator of the experiment from which the invention sprung.</p> <p>2. Same — Infringement—Wireless Telegraphing Apparatus.</p> <p>The Fessenden reissue patent, No. 12,115 (original No. 727,331), for a receiver for electro-magnetic waves, held, not anticipated by patents Nos. 716,000, and 716,203, dated December 16, 1902, and granted to De Forest and Smythe, nor covered by No. 706,744, dated August 12, 1904, and granted to Fessenden, this patentee, and to be valid as against the claim that the invention was made by another than the patentee. Claims 11, 23, and 25 also held infringd.</p> <p>8. Same — Suit for Infringement — Costs.</p> <p>Rev St. § 973 [U. S. Comp. St. 1901, p. 703], providing that costs shall not be recoverable when a decree is entered for infringement of part of a patent, where the patentee has claimed to be the inventor of a material part of the thing patented, of which he was not the inventor unless a disclaimer was entered prior to the bringing of the suit, applies only where a disclaimer is necessary to save the patent.</p>