American Sulphite Pulp Co. v. De Grasse Paper Co.
Court of Appeals for the Second Circuit
Appeal from the Circuit Court of the United States for the Northern District of New York. Action by the American Sulphite Pulp Company against the De Grasse Paper Company for infringement of patent. From a decree of the Circuit Court (190 Fed. 39) awarding complainant nominal damages only, it appeals.
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Appeal from the Circuit Court of the United States for the Northern District of New York. Action by the American Sulphite Pulp Company against the De Grasse Paper Company for infringement of patent. From a decree of the Circuit Court (190 Fed. 39) awarding complainant nominal damages only, it appeals. This cause comes here upon appeal from a decree of the Circuit Court, Northern District of New York, confirming tile report of a master finding complainant entitled to nominal damages only upon an accounting for profits and damages against a defendant who had infringed the complainant’s patent.…
1Opinion of the CourtInacom Be, Circuit Judge
(after stating the facts as above). Upon the accounting complainant began by introducing some testimony apparently directed to showing profits by defendant; but it soon abandoned that line of proof, and concedes here that no profits were *654shown. The only question is as to damages, and the only damages sought to be proved are such as might result from deprivation of license fees which complainant could have obtained for defendant’s digesters, if the latter had admitted the validity of the patent and ob-. tained complainant’s consent to lining them with its material, instead of proceeding to…
2Cases cited3 opinions
- Rude v. WestcottSupreme Court of the United States · 1889
- Seymour v. McCormickSupreme Court of the United States · 1854
- Packet Co. v. SicklesSupreme Court of the United States · 1874
3Cited by7 opinions
- Rockwood v. General Fire Extinguisher Co.Court of Appeals for the Second Circuit · 1930
- Wallace & Tiernan Co. v. City of SyracuseCourt of Appeals for the Second Circuit · 1930
- Expanded Metal Co. v. General Fireproofing Co.District Court, N.D. Ohio · 1917
- Consolidated Rubber Tire Co. v. Diamond Rubber Co.District Court, S.D. New York · 1915
- Consolidated Rubber Tire Co. v. Diamond Rubber Co. of New YorkCourt of Appeals for the Second Circuit · 1916
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