Legal Opinion
Levin Bros. v. Davis Mfg. Co.
Court of Appeals for the Eighth Circuit
Decided July 5, 1934No. 9944PublishedCited by 24 opinions
1Opinion of the Court
STONE, Circuit Judge.
This is an appeal from a decree awarding profits in a patent infringement accounting case.
The main matters presented here are: I, failure to apportion profits; II, exelusion of certain items of manufacturing expense; III, wrongful apportionment of overhead exr pense; and IV, assessment of costs of the accounting against the appellant.
I. Apportionment of Profits.
The master determined that there should be recovery for the entire profits made by appellant from sale of the infringing articles. The claim of appellant is that the infringing articles sold by it contained…
2Cases cited27 opinions
- Leman v. Krentler-Arnold Hinge Last Co.Supreme Court of the United States · 1932
- Westinghouse Electric & Manufacturing Co. v. Wagner Electric & Manufacturing Co.Supreme Court of the United States · 1912
- Equitable Surety Co. v. United States Ex Rel. McMillanSupreme Court of the United States · 1914
- The JasonSupreme Court of the United States · 1912
- Manufacturing Co. v. CowingSupreme Court of the United States · 1882
22 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Paper Converting MacHine Company v. Magna-Graphics CorporationCourt of Appeals for the Federal Circuit · 1984
- Sheldon v. Metro-Goldwyn Pictures CorporationCourt of Appeals for the Second Circuit · 1939
- Sammons v. Colonial Press, Inc.Court of Appeals for the First Circuit · 1942
- Horvath v. McCord Radiator & Mfg. Co.Court of Appeals for the Sixth Circuit · 1938
- Carter Products, Inc. v. Colgate-Palmolive CompanyDistrict Court, D. Maryland · 1963
19 more not listed; retrieve them via the Exa API.