Enterprise Ry. Equipment Co. v. Wine Ry. Appliance Co.

MOORMAN, .Circuit Judge.

On the former appeal this court held claim 2 of the Kadel patent, No. 1,434,953, valid and infringed. 25 F.(2d) 236. On the accounting had pursuant to the court’s mandate after remand the District Court awarded damages to the appellee, owner of the patent, in a sum representing the profits made on sales of the infringing device from November 7, 1922 — the date the patent was issued.

The patented device was never made or sold by the appellee or any licensee, and the first actual notice appellant had of the patent and its infringement was when the counterclaim was filed…