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The Talking Machine World, New York, December, 1928
89
To the Radio Trade:
THE Hazeltine Corporation desires to call to the attention of the radio trade the decision rendered November 15, 1928, by Judge Grover M. Moscowitz of the United States District Court for the Eastern District of New York in Brooklyn, in the action brought by the Hazeltine Corporation against E. A. Wildermuth, the Brooklyn distributor of the Atwater Kent Manufacturing Company.
In this decision Judge Moscowitz holds that the radio receivers involved in the action and made by the Atwater Kent Manufacturing Company infringe Hazeltine Patent No. 1,533,858.
As a result of this decision the Hazeltine Corporation is entitled to an injunction against the defendant, E. A. Wildermuth, and an accounting and recovery of profits, and to damages based on the sale by the defendant of all these receivers.
Every distributor and dealer selling radio receivers which are an infringement of the Hazeltine patents is liable to the Hazeltine Corporation for profits and damages sustained because of such infringement. Such profits and damages are independently recoverable entirely apart from any recovery that may be had from the manufacturer. It is the penalty provided by the Patent Law for handling and selling infringing apparatus.
The decision of Judge Moscowitz is the fourth such favorable decision by Federal Courts, holding infringement and sustaining the validity of the various Hazeltine patents covering the inventions of Professor L. A. Hazeltine as employed in Neutrodyne radio receiving sets.
Judge Moscowitz in his decision held that the use of an inherent neutralizing capacity to effect neutralization is an infringement of the Hazeltine Patent. In most of the modern Neutrodyne receivers manufactured under license a physical neutralizing condenser is used.
Distributors and Dealers — To be safe from infringement and from liability for profits and damages, be sure the radio sets you handle are manufactured under license and therefore fully protected under the Hazeltine Neutrodyne and Latour patents.
All infringements of these patents will be prosecuted promptly and vigorously by the Hazeltine Corporation.
HAZELTINE CORPORATION
15 EXCHANGE PLACE, JERSEY CITY, N. J.