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General Talking Pictures Corp. v. Western Elec. Co., 305 U.S. 124 (1938)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
General Talking Pictures Corp. v. Western Elec. Co., 305 U.S. 124 (1938)
General Talking Pictures Corporation v. Western Electric Co. No. 1 Reargued October 19, 20, 1938 Decided November 21, 1938 305 U.S. 124
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE SECOND CIRCUIT
Syllabus
1. The owner of a patent may lawfully restrict his licensee to manufacture and sale of the patented invention for use in only one or some of several distinct fields in which it is useful, excluding him from the others. P. 125.
2. Where a licensee, so restricted, makes and sells the patented article for a use outside the scope of his license, he is an infringer, and his vendee, buying with knowledge of the facts, is likewise an infringer. P. 127.
3. In this case, the Court has no occasion to consider (a) what the rights of the parties would have been if the articles embodying the patented invention had been manufactured under the patent and had passed into the hands of a purchaser in the ordinary channels of trade; or (b) the effect of a notice attached to articles lawfully made and sold under license of the patent owner, and which purports to restrict their use. Id.
91 F.2d 922 affirmed.
In this case, there were several suits for infringements of patents relating to vacuum tube amplifiers. The court below was affirmed at the last term, but a rehearing was granted on some of the questions said to be involved. 304 U.S. 175, 546, 587.
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Chicago: U.S. Supreme Court, "Syllabus," General Talking Pictures Corp. v. Western Elec. Co., 305 U.S. 124 (1938) in 305 U.S. 124 305 U.S. 125. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=TLPG8CUQ4P3YDNT.
MLA: U.S. Supreme Court. "Syllabus." General Talking Pictures Corp. v. Western Elec. Co., 305 U.S. 124 (1938), in 305 U.S. 124, page 305 U.S. 125. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=TLPG8CUQ4P3YDNT.
Harvard: U.S. Supreme Court, 'Syllabus' in General Talking Pictures Corp. v. Western Elec. Co., 305 U.S. 124 (1938). cited in 1938, 305 U.S. 124, pp.305 U.S. 125. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=TLPG8CUQ4P3YDNT.
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