Peter M. Roberts v. Sears, Roebuck and Co., a Corporation

SPRECHER, Circuit Judge.

This appeal arises out of a basic misunderstanding upon remand of the mandate conveyed by the prior appeal.

I

The plaintiff inventor sued the defendant retail store chain for breach of confidential relation, fraud, and negligent misrepresentation. The plaintiff prayed for rescission of the agreement assigning the patent rights to the defendant, an injunction against further use by the defendant, imposition of a constructive trust upon the defendant, an equitable accounting by the defendant and “such further equitable relief as may be appropriate.” Included among these…