Auto Vacuum Freezer Co. v. William A. Sexton Co.
District Court, S.D. New York
In Equity. Bill by the Auto Vacuum Freezer Company, Incorporated, against William A. Sexton Company, Incorporated. Hearing on report of master.
Read the full summary
In Equity. Bill by the Auto Vacuum Freezer Company, Incorporated, against William A. Sexton Company, Incorporated. Hearing on report of master. The report of Master William Parkin to the judges of the United States District Court: for the Southern District of New York is as follows: It having been referred to me by interlocutory decree made herein on December 14. 3916. to ascertain, take, and state the number of ice cream freezers made, the number used, and the number sold by the defendant in infringement of the third and fifth claims of the letters patent No. 3,013,672, and also the gains,…
1Opinion of the Court
MAYER, District Judge.
The clear and comprehensive report of the master renders unnecessary a duplication of the recital of all the facts. Only such facts will be referred to as are necessary to explain the questions of law discussed.
[1] 1. The master allowed plaintiff $1,328.04 as damages for loss of profits. Defendant contends that an apportionment of profits must be made, because of the Lawless patent No. 1,108,765, for cover-fastening device for receptacles. It is, of course, difficult to say to what extent, if any, customers were influenced by their purchases because 'of the improved top.…
2Cases cited4 opinions
- Dowagiac Manufacturing Co. v. Minnesota Moline Plow Co.Supreme Court of the United States · 1915
- Mowry v. WhitneySupreme Court of the United States · 1871
- Crosby Steam Gage & Valve Co. v. Consolidated Safety Valve Co.Supreme Court of the United States · 1891
- Consolidated Rubber Tire Co. v. Diamond Rubber Co. of New YorkCourt of Appeals for the Second Circuit · 1916
3Cited by4 opinions
- Utah Radio Products Co. v. Delco Appliance Corp.District Court, W.D. New York · 1938
- American Can Co. v. Goldee Mfg. Co.District Court, E.D. New York · 1927
- George Haiss Mfg. Co. v. Linkbelt Co.Court of Appeals for the Third Circuit · 1932
- Remington Rand, Inc. v. Art Metal Const. Co.District Court, W.D. New York · 1929