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RADIO CORP. OF AMERICA v. RADIO ENGINEERING LABORATORIES

No. 619 (October Term, 1933).

293 U.S. 1 (1934)

55 S.Ct. 928

79 L.Ed. 163

RADIO CORPORATION OF AMERICA ET AL. v. RADIO ENGINEERING LABORATORIES, INC.

Supreme Court of United States.

Decided May 21, 1934.

Petition for rehearing denied, and opinion amended, October 8, 1934.

Attorney(s) appearing for the Case

Messrs. Thomas G. Haight and Samuel E. Darby, Jr., with whom Messrs. James R. Sheffield, William R. Ballard, and Abel E. Blackmar, Jr., were on the brief, for petitioners.

Mr. William H. Davis for respondent.

MR. JUSTICE CARDOZO delivered the opinion of the Court.

The petitioners, assignees of two patents, numbers 1,507,016 and 1,507,017, granted to Lee De Forest on September 2, 1924, have sued to restrain an infringement and for other relief.

The respondent, defendant in the trial court, admits the infringement if the patents are valid, but maintains that they are void in that they were issued to a patentee who was not the first inventor.

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