National Phonograph Co. v. Fletcher

Citations

• 117 F. 149
• 1902 U.S. App. LEXIS 5085

Syllabus

<p>1. Patents—Infringement—Sale of Parts of Combination.</p> <p>One who solicits and obtains, from dealers, machines the parts of which are covered by patents, and which are not in need of repairs, for the purpose of incorporating therein certain improvements of his own, and then returning them, and in doing so reproduces elements of the combination specifically covered by a patent, infringes such patent.</p> <p>2. Same—Reconstruction of Patented Device for Sale.</p> <p>A patent covering a combination of parts in a machine is infringed by one who, in concert with dealers in such machines, takes the same, and reconstructs them, substituting new parts for some of those of the patent, changing others, and using some of the old parts in new relations, and then returns the machine to the dealer to be sold as that of the patentee.</p> <p>8. Same—Phonograph Reproducers.</p> <p>The Edison patents, Nos. 397,280 and 430,278, relating to phonograph reproducers, held infringed; No. 484,584, to the same inventor, also covering specific parts of such producers, held not infringed.</p>