Mills Novelty Co. v. Monarch Tool & Mfg. Co.

SIMONS, Circuit Judge.

The appeal is by the plaintiff below from a decree dismissing a supplemental bill in a suit for infringement of Lesley and Schoen patent, No. 1,198,861, for an electric circuit controller for automatic musical instruments or like machines. The patent has already been adjudicated as between the same parties in this court, 49 F.(2d) 28, where validity was sustained and infringement found in the defendant’s prior structures. Pursuant to our mandate, a decree was entered below granting injunction and accounting. Upon reference to a master, the present issue as to whether the…