Fox v. Knickerbocker Engraving Co.
Court of Appeals for the Second Circuit
Appeal from the Circuit Court of the United States for the Southern District of New York. On appeal from final decree entered January 16, .1908, in the Circuit Court for the Southern District of New York, in an infringement suit based upon letters natent No. 675.272. granted May 28, 1901, to Thomas S. Fox for a new and improved half-tone negative.
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Appeal from the Circuit Court of the United States for the Southern District of New York. On appeal from final decree entered January 16, .1908, in the Circuit Court for the Southern District of New York, in an infringement suit based upon letters natent No. 675.272. granted May 28, 1901, to Thomas S. Fox for a new and improved half-tone negative. This decree made final the interlocutory decree, confirmed the report of the master, after modifying it by mincing the damages assessed by him, found the amount of damages to he $591, and adjudged that this sum should be trebled.
1Opinion of the Court
COXE, Circuit Judge.
On the issue joined by the bill, answer and replication no one appeared before the examiner on behalf of the defendant. The complainants offered in evidence the patent, various documents proving title, an admission by the defendant of infringement and rested, after having called a practical photo-engraver to describe the process of the Eox patent. After the interlocutory decree was entered a petition for a rehearing was presented, and denied.
The first proposition argued is that the patent is void on its face for want of invention. Assuming that this question may be…
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