Legal Opinion
W. S. Godwin Co. v. International Steel Tie Co.
Court of Appeals for the Sixth Circuit
Decided December 10, 1928No. 5024PublishedCited by 10 opinions
1Opinion of the Court
DENISON, Circuit Judge.
This is the second appearance of this ease in this court. See 2 F.(2d) 198. The patent involved was there held to be valid, and the ease was re manded for an accounting, if the District Court should think proper.
It was assumed in our opinion that the defendant had, in effect, paid plaintiff advance royalties which might be sufficient to cover any liability for damages or profits. This turned out to be an error. The advance payments had been made to Godwin individually, before the organization of the plaintiff company, and could not be offset, even if a liability for…
2Cases cited4 opinions
- K. W. Ignition Co. v. Temco Electric Motor Co.Court of Appeals for the Sixth Circuit · 1922
- Continuous Glass Press Co. v. Schmertz Wire Glass Co.Court of Appeals for the Third Circuit · 1915
- Clark v. Schieble Toy & Novelty Co.Court of Appeals for the Sixth Circuit · 1917
- W. S. Godwin Co. v. International Steel Tie Co.Court of Appeals for the Sixth Circuit · 1924
3Cited by10 opinions
- Enterprise Mfg. Co. v. Shakespeare Co.Court of Appeals for the Sixth Circuit · 1944
- Reynolds Spring Co. v. L. A. Young Industries, Inc.Court of Appeals for the Sixth Circuit · 1939
- Georgia-Pacific Corp. v. United States Plywood Corp.District Court, S.D. New York · 1965
- Wallace & Tiernan Co. v. City of SyracuseCourt of Appeals for the Second Circuit · 1930
- Mathey v. United Shoe MacHinery CorporationDistrict Court, D. Massachusetts · 1944
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