Drexler v. Koza

MARIS, Circuit Judge.

This is the final phase of a hard fought patent suit. The patent in suit was held valid and infringed by decree of this court entered November 5, 1945, 62 F.Supp. 473, and affirmed by the Circuit Court of Appeals. 3 Cir., 156 F.2d 370. Certiorari was denied 329 U.S. 771, 67 S.Ct. 189, 91 L.Ed 664. Rehearing was likewise denied 329 U.S. 831, 67 S.Ct. 367, 91 L.Ed 704. A reference was then made to a master to state an account of profits derived from the infringement. Exceptions by the defendant to the master’s report are now before us for disposition.

The principal question…