Stebler v. Riverside Heights Orange Growers' Ass'n
District Court, D. South Carolina
In Equity. Suit by Fred Stebler against the Riverside Heights ■Orange Growers’ Association and others. On motion by defendants to restrain prosecution of pending suits and the institution of others.
1Opinion of the Court
WEFFBORN,. District Judge.
1. Complainant has thus far utilized his patent by manufacturing and selling directly to users his pat•ented machines, and in this case has sued for and recovered of inf ringing manufacturers, who also sold directly to users, profits and damages.
[1] 2. The master has full power to inquire into and find all acts of infringement by either party, and to award profits and damages for .all such infringing acts. Robinson on Patents, § 1153, and note cited; Tatham v. Lowber, 4 Blatch. 86, 23 Fed. Cas. 722, No. 13,765.
The accounting is had up to the time of the report. Knox…
2Cases cited13 opinions
- Birdsell v. ShaliolSupreme Court of the United States · 1884
- Kelley v. Ypsilanti Dress-Stay Manuf'g Co.U.S. Circuit Court for the District of Eastern Michigan · 1890
- Computing Scale Co. v. National Computing Scale Co.U.S. Circuit Court for the District of Northern Ohio · 1897
- Allis v. StowellU.S. Circuit Court for the District of Eastern Wisconsin · 1883
- Ide v. Ball Engine Co.United States Circuit Court · 1887
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3Cited by4 opinions
- Maytag Co. v. Meadows Mfg. Co.Court of Appeals for the Seventh Circuit · 1929
- Minerals Separation, Ltd. v. Miami Copper Co.District Court, D. Delaware · 1920
- Marconi Wireless Telegraph Co. of America v. Kilbourne & Clark Mfg. Co.District Court, W.D. Washington · 1916
- Sims v. JadinDistrict Court, E.D. Wisconsin · 1955