Motion Picture Herald (Jul-Sep 1932)

July 2, 1932 Motion Picture Herald 3 Auditorium Conditioning Corporation's "BYPASS PATENTS" AUDITORIUM CONDITIONING CORPORATION is owner, among others, of U. S. Patents Nos. 1 ,670,656 and Reissue 16,611. These patents are known generally in the air conditioning industry as the "bypass patents" and cover the use of air from an enclosure for mixture with conditioned air, so that a final mixture is usually obtained greater in volume than the conditioned air and of higher dry bulb temperature but lower relative humidity than the conditioned air. These patents have been litigated in the United States District Court for the Western District of New York in two proceedings. Hon. John R. Hazel, excerpts from whose opinions are set forth in the marginal column, fully sustained the validity of both patents in every particular. Injunction was granted, as well as full accounting for all profits, damages and costs. AUDITORIUM CONDITIONING CORPORATION even consented to a reopening of the case to admit further evidence, in order to test to the fullest extent the validity of these patents. The second decision likewise sustained the validity of the patents and the contentions of AUDITORIUM CONDITIONING CORPORATION on all points. AUDITORIUM CONDITIONING CORPORATION believes that its bypass systems incorporate most modern practice yet devised for conditioning the atmospheres of enclosures used for human occupancy from the standpoints of economy, flexibility, efficiency and assurance of comfort despite unforeseen variations in heat and humidity load. AUDITORIUM CONDITIONING CORPORATION believes the development covered by these and its other patents to be extremely valuable. Its obligations to licensees under the patents demand that AUDITORIUM CONDITIONING CORPORATION'S rights be observed and infringements vigorously prosecuted. AUDITORIUM CONDITIONING CORPORATION appreciates that some owners may have contracted for installations with unlicensed contractors and in ignorance of our rights. Under such conditions the AUDITORIUM CONDITIONING CORPORATION would welcome a discussion of such installations with the view of reaching a settlement in a businesslike manner without applying to the courts. The following companies are licensees under AUDITORIUM CONDITIONING CORPORATION'S patents: Carrier Engineering Corporation, 850 Frelinghuysen Avenue, Newark, N. J., Cooling and Air Conditioning Corporation, 1 1 West 42nd Street, New York, N. Y., and York Ice Machinery Corporation, York, Pa. UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK AUDITORIUM CONDITIONING CORP., Plaintiff, — against — ROCHESTER PROPERTIES, INC., Defendant. $ $ $ $ $ $ GREATER # * * # * HAZEL, J. * * * It was air of uniform distribution and character, to eliminate dampness and discomfort in playhouses, that chiefly concerned the inventors. * * * prior adaptations were inefficient and expensive since the cold air required hot air or steam for reheating before the air was let into the theatre or room. * * * recirculated air * * * in both patents in suit is used to mingle with saturated fresh air, or with return air * * * from the conditioner * * *. The recirculated air is of higher temperature than the conditioned air. It passes to the mixing chamber for uniting with the conditioned air before discharge through pipes or ducts at the openings in the theatre, and * * * increases the temperature of the conditioned air and also imparts a lower relative humidity to the mixed air. * * * Fleisher's accomplishment * * * (was) attained * * * by proportioning the volume of return air so that the amount of recirculated air beyond the conditioner and the volume of return air passing through the conditioner would vary, and * * * he designed that the "larger the volume of return air recirculated beyond the conditioner, the less the volume of return air going through the conditioner and vice versa". * * * The gist of his invention constituted a steady reuse of the air piped from the theatre, thus lessening the expense in apparatus construction and maintenance. This object and purpose is supported by the proofs. Lewis was not only the first to use a system of recirculation of a large quantity of air, drawn from inside a theatre, and to control both temperature and humidity, but he also was the first to condition only a relatively small part of the air * * * so as to secure desired ventilation and humidity; while Fleisher as heretofore explained conceived a betterment by using a minimum of outside air mingled with a larger portion from the interior of the theatre, and proportioning the return air from the theatre to allow the quantity recirculated beyond the conditioner to respond to interior fluctuations. Both patents were new and novel and advanced known cooling and ventilating systems of the type under consideration. Both the Lewis Reissue and Fleisher patents in suit are valid and infringed by defendant * * *. $ sfe * $ $ Andl in the reopening proceeding, after a thorough consideration of new evidence submitted by defendant. Judge Hazel further held: Although I have considered all the matters and arguments drawn to my attention in defendant's brief, I discover no satisfactory evidence or reason for holding the patents in issue anticipated. A decree for plaintiff {AUDITORIUM CONDITIONING CORPORATION) may be entered, {italics ours). AUDITORIUM CONDITIONING CORPORATION 17 East 42nd Street NEW YORK, N. Y. J. O. ROSS, President.