National Popsicle Corp. v. Icyclair, Inc.

DENMAN, Circuit Judge.

This is an appeal from a judgment awarding appellees damages for appellees’ lost profits caused by a preliminary injunction enjoining appellees from manufacturing and selling popsicles, a confection which appellants had claimed was covered by a patent, held to have been infringed by appellees in a prior decision of the district court. The case has been before us in Icyclair, Inc., et al., v. National Popsicle et al., 9 Cir., 94 F.2d 669, in which we reversed that decision of the lower court and held there was no cause of action for enjoining appellees.

After our mandate…