The phonoscope (Nov 1896-Dec 1899)

The Phonoscope (Copyrighted, 1896) A Monthly Journal Devoted to Scientific and Amusement Inventions Appertaining to Sound and Sight Vol. II. NEW YORK, OCTOBER, 1898 No. tO Hmencan (Srapbopbone Company Sues IRattonal Gramophone Company A patent infringement suit, which was filed October 22d, has caused excitement in talking machine circles. It is charged in the bill that the makers of the Gramophone are infringing the patents owned by the American Graphophone Company. The talking-machine industry has grown to large proportions, and the patents are of great value. If the Graphophone Company wins the sul' it will result in the merging of all Gramophone interesis under graphophone control, as the Graphophone Company claims that its prior patents cover practically everything that is commercially valuable. The following bill of complaint was filed in the United States Circuit Court for the Southern District of -New York, by the American Graphophone Company, of which E. D. Easton is president, against the National Gramophone Company, and Frank Seaman, the president of the company, individually. IN THE UNITED STATES CIRCUIT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK. Bill of Complaint. To the Honorable, The Judges of the Circuit Court of the United States For the Southern District of New York. The AMERICAN GRAPHOPHONE COMPANY, a corporation duly organized and existing under the law's of the State of West Virginia, and having its principal office at Washington City, in the District of Columbia, brings this, its bill of complaint, against the NATIONAL GRAMOPHONE COMPANY, a corporation organized and existing under the laws of the State of New York, and having its principal place of business in New York City, in said State, and FRANK SEAMAN, individually and as President of said Company, said Seaman being a resident of Yonkers, in the State of New York, and doing business m the City of New York, and both said National Gramophone Company and Frank Seaman being inhabitants of the said Southern District of New York. And thereupon your orator complains and says: 1. That Chichester A. Bell and Sumner Tainter^ then of Washington aforesaid, were the original, first, and joint inventors of certain new and useful improvements in recording and reproducing speech and other sounds, which improvements were not known or used by others in this country before their invention thereof, and were not patented or described in any printed publication in this or any foreign country before their invention thereof, and were not in public use or on sale in the United States for more than two years prior to their application for a patent therefor, and which had not been abandoned. 2. That thereafter the said Chichester A. Bell and Sumner Tainter made application, in due form of law, to the Commissioner of Patents, for the grant of Letters Patent of the United States for the said invention, and then and there fully complied in all respects with the provisions and requirements of the laws of the United States in such case made and provided; that thereupon, due proceedings being had on said application. Letters Patent of the United States, in due form of law, were issued and delivered to the said Chichester A. Bell and Sumner Tainter, in the name of the United States of America, under the seal of the Patent Office, and signed and countersigned, respectively, by the proper officers of the United States, numbered 341,214, and dated May 4th, 1886; and that the said Letters Patent did grant to the said Chichester A. Bell and Sumner Tainter, their heirs and assigns, for a term of seventeen years from the said 4th day of May, 1886, the exclusive right to make, use, and vend the said invention throughout the United States and the Territories thereof, as by reference to the said Letters Patent, or a duly authenticated copy thereof, here in Court to be produced, will more full}' and at large appear. 3 That the said Sumner Tainter was further the original, first and sole inventor of a certain new and useful improvement in apparatus for recording or reproducing sounds or sonorous vibrations, not known or used by others in this country, or patented or described in any printed publication in this or any foreign country, prior to his invention thereof, and not in public use or on sale in the United States for more than two years prior to his application for Letters Patent therefor and which had not been abandoned to the public. 4 That on the 4th day of December, 1885, said Sumner Tainter made application, in due form of law, to the Commissioner of Patents, for the grant of Letters Patent of the United States for the said invention, and then and there fully complied, in all respects, with the requirements and provisions of the laws of the United States in such case made and provided; that due proceedings upon said application being had, upon the 4th day of May, 1886, Letters patent of the United States, in due form of law, were issued and delivered to said Sumner Tainter, in the name of the United States, and numbered 341,288, granting to said Sumner Tainter, his heirs or assigns, for the term of seventeen years from the said 4th of May. 1886, the full and exclusive right to make, use, and vend the said invention throughout the United States and the territories thereof, as by reference to said Letters Patent, or a duly authenticated copy thereof , here in Court to be produced, will more fully appear. 5 That the said Charles Sumner Tainter was further the original, first, and sole inventor of a certain new and useful improvement in apparatus for recording and reproducing speech and other sounds, not known or used by others in this country, or patented or described in any printed publication in this or any foreign country before his invention thereof, and not in public use or on sale in the United States for more than two years prior to his application for Letters Patent therefor, and which had not been abandoned to the public, 6. That on the 7th day of July, 1887, said Charles Sumner Tainter made application, in due form of law, to the Commissioner of Patents, for a grant of Letters Patent of the United States for said invention, and then and there fully complied, in all respects, with the requirements and provisions of the laws of the United States in such case made and provided; That thereupon, due proceedings being had upon said application. Letters Patent of the United States, in due form of law, were issued and delivered to the said Charles Sumner Tainter, in the name of the United States of America, under the seal of the Patent Office, and signed and countersigned by the proper officers of the United States, numbered 375,579, and dated December 27, 1887; granting to said Charles Sumner Tainter, heirs or assigns, for the term of seventeen years from said 27th day of December, 1S87, the full and exclusive right to make, use, and vend the said invention throughout the United States and Territories thereof, as by reference to said Letters Patent, or a duly authenticated copy thereof, here in Court to be produced, will more fully and at large appear. 7 That the inventions or improvements described in said Letters Patent No. 341,214, to Chichester A. Bell and Sumner Tainter, and Nos. 341,288 and 375,579 to Sumner Tainter, were designed for and are capable of conjoint use, and are used conjointly by defendants in apparatus for recording speech and other sounds. 8. And your orator further shows that on the 29th day of March, 1887, said Chichester A. Bell and Sumner Tainter, by an instrument in writing duly signed and delivered, and recorded in the United States Patent Office the 22d day of September, 1887, did give, grant, and convey to the Volfa Graphophone Company, a corporation organized and existing under the laws of the State of Virginia, its successors and assigns, the entire right, title, and interest in and to said Letters Patent No. 341,214, granted to them as aforesaid, and in and to the invention secured thereby, as by reference to said instrument, or a duly authenticated copy thereof, here in Court to be produced, will more fully and at large appear. 9 That on the 29th day of March, 1887, said Sumner Tainter, by an instrument in writing, duly signed and delivered, and recorded in the United States Patent Office the 5th day of April, 1887, did give, grant, assign, and convey to the said Volta Graphophone Company, its successors and assigns, the entire right, title and interest in and to said Letters Patent No. 341,228, granted to him as aforesaid, and in and to the invention secured thereby, as by reference to said instrument, or a duly authenticated copy thereof, here in Court to be produced, will more fully and at large appear. 10. That 011 the 31st day of January, 1888, said Charles Sumner Tainter, by an instrument in writing duly signed and delivered, and recorded in the United States Patent Office the 21st day of February, 1888, did give, grant, assign and convey to the said Volta Graphophone Company, its successors and assigns, the entire right, title and interest in and to said Letters Patent No. 375', 579, granted to him as aforesaid, and in and to the invention secured thereby, as by reference to said instrument, or a duly authenticated cop}' thereof, here in Court to be produced, will more fully and at large appear. 11. That on the 24th day of January, 1S93, the said The Volta Graphophone Company, by an instrument in writing, duly signed, sealed and delivered, and recorded in the United States Patent Office the 25th day of January, 1893, did give, grant, assign and convey to your orator, its successors and assigns, the entire right, title and interest to said Letters Patent No. 341,214, No. 341,28s, and No. 375,579, and in and to the inventions secured thereby, as by reference to said instrument, or a duly authenticated copy thereof here in Court to be produced, will more fully and at large appear. 12. That your orator has been, ever since the date of the assignment last mentioned, and was at the time of the commission of the acts hereinafter complained of, and is now, the sole and exclusive owner