[DOWNLOAD] "Radio Condenser Co. v. General Instrument Corp." by Second Circuit Circuit Court Of Appeals " Book PDF Kindle ePub Free

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eBook details

• Title: Radio Condenser Co. v. General Instrument Corp.
• Author : Second Circuit Circuit Court Of Appeals
• Release Date : January 01, 1933
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

The counterclaim was dismissed on the ground that the patents to Cohen were invalid because of unreasonable delay in filing a disclaimer after adverse decisions in interference proceedings in the United States Patent Office.From an affidavit supporting the motion to dismiss, it appears that almost immediately after the issuance of the first Cohen patent, No. 1,555,634, issued September 29, 1925, claims 1 and 2 were placed in interference with two claims of an earlier application for patent by one Shaw, and on May 13, 1927, the Examiner of Interferences, upon testimony presented by both parties, awarded priority of invention to Shaw. A patent issued to him on December 23, 1930. Similarly, as to the second Cohen patent, No. 1,563,893, issued December 1, 1925, an interference was declared on February 19, 1926, between three of Cohens claims and an earlier application for a patent by one Chamberlain. Cohen submitted no testimony in that proceeding, and on April 17, 1928, priority of invention was awarded to Chamberlain and a patent issued to him.From neither decision did Cohen or his assignee take an appeal or otherwise attempt to litigate the validity of the patents until the filing of the appellants counterclaim, verified February 26, 1932, nor have the claims held invalid in the interferences been disclaimed in the Patent Office.

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