Emerson v. National Cylinder Gas Company

ALDRICH, District Judge.

Following the opinion on the merits, D.C., 146 F.Supp. 581, counsel have been heard on costs. It is, of course, customary to award costs to the successful party in a patent infringement suit. This is not a usual case. The trial, and consequent decision, required far more time than it seems to me was necessary. This alone would not be important, but what is important is that on significant issues defendants were totally unsuccessful. I would not cavil if these were relatively minor, or simple matters, but they were not. The California depositions on the alleged Erickson…