Oriental Tissue Co. v. Dejonge
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Suit in equity by the Oriental Tissue Company against Louis De-jonge & Co. Cross-appeals from final decree. Appeals from final decree, in suit on patent to Gregory, No. 848,301, modifying a master’s report awarding to plaintiff the profits found to have accrued to defendants, by the sale of articles infringing claim 2 of said patent.
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Appeal from the District Court of the United States for the Southern District of New York. Suit in equity by the Oriental Tissue Company against Louis De-jonge & Co. Cross-appeals from final decree. Appeals from final decree, in suit on patent to Gregory, No. 848,301, modifying a master’s report awarding to plaintiff the profits found to have accrued to defendants, by the sale of articles infringing claim 2 of said patent. That claim covers “a thin leaf or fabric composed entirely of soluble cotton and a coloring matter incorporated therein.” Plaintiff appealed against any modification of the…
1Opinion of the Court
HOUGH, Circuit Judge.
The interlocutory decree in this particular litigation was affirmed by this court in 218 Fed. 173, 134 C. C. A. 50, after which appeal the accounting now before us proceeded. “Imitation *628gold leaf,” which is the subject of patent, was admittedly sold by defendants, and the -infringement found by us consisted in the vending of one lot or batch of leaf, and the evidence of infringement then considered related to that special lot. Pending this accounting, the plaintiff brought another action against these defendants, based upon the sale of another and presumably different lot…
2Cases cited5 opinions
- Hart Steel Co. v. Railroad Supply Co.Supreme Court of the United States · 1917
- Oriental Tissue Co. v. Louis Dejonge & Co.Court of Appeals for the Second Circuit · 1914
- Oriental Tissue Co. v. Louis De Jonge & Co.District Court, S.D. New York · 1916
- Adams & Westlake Co. v. Peter Gray & Sons, Inc.Court of Appeals for the First Circuit · 1914
- Oriental Tissue Co. v. Louis De Jonge & Co.Court of Appeals for the Second Circuit · 1916