Fairbanks, Morse & Co. v. American Valve & Meter Co.

ALSCHULER, Circuit Judge.

Both parties (hereinafter called plaintiffs and defendants as in the District Court) appeal from a deeree upon an accounting under finding of infringement of United States patent No. 818,968 to Johnson, 1906 (claims 1, 21, and 38), and No. 798,406 to Foster, 1905 (claim 1); the said claims of both patents having theretofore been held by this court to be valid and infringed. American Valve & Meter Co. et al. v. Fairbanks, Morse & Co. et al., (C. C. A.) 249 F. 234.

These appeals were before this court in 1926, and we then held that the transcript of the evidence did not…