Overman Cushion Tire Co. v. Goodyear Tire & Rubber Co.

MANTON, Circuit Judge.

The appellant has been held an infringer of patent No. 1,092,078 for an automobile tiro [40 F.(2d) 460 (C. C. A. 2)], and the issue of damages resulting therefrom was referred to a master. The master’s report was approved by the court below, which stated that the infringement had been “conscious and deliberate,” and that the appellee “had been subjected to protracted, vexatious, and expensive litigation” and had suffered damages by “deprivation of what, save for the infringements, would have been earned by the plaintiff.” Exercising its discretion under the statute, the…