United States Gypsum Co. v. Bestwall Mfg. Co.

BAKER, Circuit Judge.

In July, 1919, appellant secured a decree that its patents No. 1,029,328, June 11, 1912, and No. 1,034,746, August 6, 1912, were valid and were infringed by the appellee, Bestwall Manufacturing Company. That decree was affirmed by this court in January, 1921. Bestwall Manufacturing Co. v. United States Gypsum Co., 270 Fed. 542.

When the accounting was taken up before the master, appellant, on April 2, 1921, moved that a second alleged infringement be included; but the master ruled (Murray v. Orr & Lockett Co., 153 Fed. 369, 82 C. C. A. 445) that the fact of infringement…