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1 American Bell Telephone Company, vs. The Overland Telephone Company of New Jersey, et al.; Brief for Complainants on Motion for Preliminary Injunction, with Order of the Court 1884

handle is hein.trials/abao0001 and id is 1 raw text is: AMERICAN BELL TELEPHONE COMPANY VS. OVERLAND TELEPHONE COMPANY et al. BRIEF FOR COMPLAINANTS. SUMMARY. The case ........... ..................... 5 Parties, 5 The patents, (174,465 of March 7, 1876, and 186,787 of January 30, 1877), and their judicial construction ..... ........ 6 Recognition of Mr. Bell as the inventor of the speaking telephone, 7 Scientific, public, and commercial recognition, 8.......8 Judicial recognition -suits in which the patent has been sus- tained ......... ................ . 9 Infringement ......... .................. 10 The defendants use a microphone, and it has been decided that the use of a microphone apparatus infringes the patent,.....11 The proof in the record does not raise a serious question, . 12 The defendants own and follow the Baxter patent of May 18, 1883, which, on its face, is for an improved instrument to practice Bell's patented method ..... ............. 12 The induction coil ...... ............... 13 The receiver ....... ................. 14 Equity of the case and special reasons for a preliminary injunction, . 15 The defendants undertook to invade a field which they knew had long been claimed by the plaintiffs, possessed by them, and in the exclusive enjoyment of which the counts had for many years uniformly protected themi .... ............ 15 The injury from infringement would be irreparable if allowed to continue ........ .................. 16 The Defendants: The Overland Telephone Company, the New York corporation, is properly joined ; the allegations in the bill are sufficient; the proof in the complainants' moving paper is ample ; there is no denial, and the needed facts are stated in the affidavit of Mr. Buchanan, the secretary of that company ... ...... . 17

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