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· 2/23/1915

Victor Talking Mach. Co. v. Sonora Phonograph Corp.

Citations

  • 221 F. 676
  • 1915 U.S. Dist. LEXIS 1614

Syllabus

<p>1. Patents <©=>312—Suit fob Infringement—Expekt Testimony—Rules op Couet.</p> <p>Rule 7 of the District Court for the Southern District of New York, which provides that expert witnesses testifying in patent causes by affidavit shall not give their opinion as to the meaning of any patent claim, etc., and that any matter forbidden by the rule may be stricken out, gives the court a wide discretion as to striking out such matter, and where there is doubt as to its propriety or relevancy the question will not be passed upon until the hearing.</p> <p>[Ed. Note.—For other cases, see Patents, Cent. Dig. §§ 544-549; Dec. Dig. <@=>312.]</p> <p>2. Coukts <@=>350—Depositions—Time foe Taking—Equity Rules.</p> <p>Under new equity rule 47 (198 Fed. xxxi, 115 C. C. A. xxxi), which prescribes the time after a cause is at issue within which depositions shall be taken, unless otherwise designated by special order, it is the duty of the court, on motion of the adverse party, to suppress depositions taken after such time and without application for such an order.</p> <p>[Ed. Note.—For other cases, see Courts, Cent. Dig. § 923; Dec. Dig. <©=>350.]</p> <p><gc»For other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p>

Judges: Mayer

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