37 F. 672 | U.S. Circuit Court for the District of Southern New York | 1889
In directing a decree for the complainant in this cause it seems sufficient to state that the examination of the record, which has been made to ascertain whether the case now presented is distinguishable in essentials from the cases which have already been decided in this court and by the supreme court, does not disclose anj-thing materially new. No useful purpose would be served by an extended discussion of the questions of law and fact which have been so exhaustively treated in the argument and brief of counsel for defendant, because nothing of interest can be added to what has already been said in the previous opinions of the courts. The construction which has boon placed upon the Bell patent by the courts is, of course, to obtain now, unless it ought to be modified because something new in the state of the prior art has been shown. It would be strange if anything new, of value, could be shown after the thorough exploration and exposition of the subject made by the most competent experts and counsel in the efforts to defeat the patent, and escape--the charge of infringement in former litigations. In the Molecular Case,
32 Fed. Rep. 214.
Dolbear v. Telephone Co., 8 Sup. Ct. Rep. 778, 785.
Id. 778.