Cinema Patents Co. v. Columbia Pictures Corp.

Good Law
80 F.2d 332·28 U.S.P.Q. (BNA) 15·1935 U.S. App. LEXIS 3278
United States Court of Appeals for the Ninth CircuitDecember 6, 1935No. 7723California2,228 words

Opinion

Lead Opinion

Wilbur, J.

This appeal is from a decree dismissing appellant’s bill in equity alleging infringement by appellees of three patents owned *333 by appellant. The three patents claimed to have been infringed by appellees are No. 1,177,697 issued April 4, 1916, to Leon Gaumont for certain improvements in developing, fixing, toning, and otherwise treating motion picture films; No. 1,209,-6.96 issued December 26, 1916, to the same patentee for improvements in apparatus for drying motion picture films; and No. 1,260,595 issued March 26, 1918, to Fredrick B. Thompson for improvements in motion picture film treating apparatus. The cause was referred by the trial court to a special master to take and hear the evidence, to determine the facts and to recommend the decree to be entered thereon. The special master found claims 1, 2, and 8 to 12 inclusive, of Gaumont patent, No. 1,177,697, and claim 12 of Gaumont patent, No. 1,209,696, to he valid and infringed. As to the other claims in issue, the special master found that they were not infringed. Exceptions to the special master’s report were filed with the trial court by both appellant and appellees. Appellant excepted to the conclusion of the master…

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