Aleograph Co. v. Electrical Research Products Inc‪.‬

There is no dispute as to the material facts in this case hereafter related. In March, 1930, Aleograph Company, appellant herein, filed a bill against Electrical Research Products, Inc., in the United States District Court for the Western District of Texas, which, in addition to the jurisdictional averments, alleged that plaintiff was the owner of letters patent of the United States, No. 1,494,514 issued to Allen Stowers and Leo De Hymel, on May 20, 1924, covering machines used in making and exhibiting talking moving pictures with the disc method, together with a process of making and exhibiting said talking pictures; that defendant has infringed and continued to infringe the patent by making, using, vending, and leasing substantially the same machines for producing said talking pictures and projecting said pictures in exact synchronization with sound by the disc method, as disclosed in the said patent, and, further, in using the same methods of making and showing said pictures in exact synchronization with sound, without the consent and contrary to the wishes of plaintiff. A decree was entered in the District Court in favor of defendant and on appeal the judgment was affirmed by this court. Claims numbered 1, 2, 3, 4, 6, 10, 19, and 20 of the patent were considered in that case. The judgment was based on the failure of plaintiff to prove infringement of any of the claims and validity of the patent was not passed upon. Aleograph Co. v. Electrical Research Products, Inc. (C.C.A.) 55 F.2d 106.