American Safety Table Company, Inc. v. Joseph Schreiber and David Goldberg, Individually and as Partners Trading as Schreiber & Goldberg

MEDINA, Circuit Judge.

This litigation involved two actions that were consolidated for trial. The first was an action for patent infringement and unfair competition; the second was for infringement of a patent in the same subject matter issued after the commencement of the first action. The trial resulted in the dismissal of the claim for unfair competition and an adjudication that both patents were valid and infringed. Separate judgments were entered in the two actions, and in the second one a counsel fee was allowed to plaintiff. We reversed the judgment in the second action, held the second…