Brick v. A. I. Namm & Sons, Inc.

INCH, District Judge.

This is a motion for final decree in a patent suit, which had resulted in an interlocutory decree in favor of plaintiff, holding a patent valid and infringed, granting an injunction, and directing an accounting. The defendant duly appealed from said interlocutory decree, and on March 22, 1927, duly perfected its appeal by filing the usual bond.

The plaintiff waives the accounting and now seeks to enter a final decree, regardless of the fad that said appeal is duly pending in the higher court. The defendant objected. If the above was all there was to the motion, it could he…