Brown Bag Filling Mach. Co. v. Drohen
Court of Appeals for the Second Circuit
Appeal from the Circuit Court of the United States for the Western District of New York. Suit in equity by the Brown Bag Filling Machine Company against James L. Drohen. Decree for complainant, and both parties appeal.
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Appeal from the Circuit Court of the United States for the Western District of New York. Suit in equity by the Brown Bag Filling Machine Company against James L. Drohen. Decree for complainant, and both parties appeal. The opinion of the Circuit Court is reported in 171 Fed. 438. The opinion of this court affirming the decree, which sustained the validity of the complainant’s patents, is reported in 148 Fed. 985, 78 C. C. A. 614. The opinion of the Circuit Court thus affirmed is reported in 140 Fed. 97.
1Opinion of the Court
COXE, Circuit Judge.
The report of the master contains such a full and able discussion of the question involved that but little need be added.
*577The comparison between the cost of doing the work by hand labor and by the patented machine was correctly adopted as the proper standard by which to measure defendant’s profits. As there were no machines existing prior to the date of the inventions covered by the complainant’s patents, which could do the work, hand labor was the only available standard of comparison. If the defendant had not used infringing machines he would have been compelled to use…
2Cases cited4 opinions
- Rude v. WestcottSupreme Court of the United States · 1889
- Fox v. Knickerbocker Engraving Co.Court of Appeals for the Second Circuit · 1908
- Diamond Stone-Sawing Mach. Co. v. BrownCourt of Appeals for the Second Circuit · 1908
- Adams v. Bellaire Stamping Co.United States Circuit Court · 1886
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- Toledo Computing Scale Co. v. Moneyweight Scale Co.U.S. Circuit Court for the Northern District of Illnois · 1910
- Minerals Separation, Ltd. v. Miami Copper Co.District Court, D. Delaware · 1920
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