Herman v. Youngstown Car Mfg. Co.
Court of Appeals for the Sixth Circuit
Appeals from the District Court of the United States for the Eastern Division of the Northern District of Ohio; William R. Day, Judge. Suit in equity, by Reinhold Herman against the Youngstown Car Manufacturing Company. From the decree after an accounting, both parties appeal.
1Opinion of the Court
DENISON, Circuit Judge.
When this case was here on the former appeal, we held (191 Fed. 579,112 C. C. A. 185) that six out of the eight claims sued upon were either invalid or not infringed, but we sustained the validity and found infringement of claims 12 and 13 of patent No. 777,096. Upon the subsequent accounting in the court below, *606no effort was made to recover damages as distinguished from profits. The master found that the defendant, the Youngstown Company, was liable for the entire profits which it had realized, and, in stating these profits, he refused to credit to. defendant the…
2Cases cited7 opinions
- Elizabeth v. Pavement Co.Supreme Court of the United States · 1878
- Westinghouse Electric & Manufacturing Co. v. Wagner Electric & Manufacturing Co.Supreme Court of the United States · 1912
- Herman v. Youngstown Car Mfg. Co.Court of Appeals for the Sixth Circuit · 1911
- Yesbera v. Hardesty Mfg. Co.Court of Appeals for the Sixth Circuit · 1908
- Brennan v. Dowagiac Mfg. Co.Court of Appeals for the Sixth Circuit · 1908
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3Cited by14 opinions
- United States Frumentum Co. v. LauhoffCourt of Appeals for the Sixth Circuit · 1914
- Egry Register Co. v. Standard Register Co.Court of Appeals for the Sixth Circuit · 1928
- Metallic Rubber Tire Co. v. Hartford Rubber Works Co.Court of Appeals for the Second Circuit · 1921
- Rockwood v. General Fire Extinguisher Co.Court of Appeals for the Second Circuit · 1930
- Ruth v. Stearns-Roger Mfg. Co.District Court, D. Colorado · 1935
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