Consolidated Rubber Tire Co. v. Diamond Rubber Co.
District Court, S.D. New York
In Equity. Suit by the Consolidated Rubber Tire Company and the Rubber Tire Wheel Company against the Diamond Rubber Company of New York. On exceptions to master’s report. This is a hearing upon exceptions to a master’s report upon an accounting in a suit in equity for patent infringement.
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In Equity. Suit by the Consolidated Rubber Tire Company and the Rubber Tire Wheel Company against the Diamond Rubber Company of New York. On exceptions to master’s report. This is a hearing upon exceptions to a master’s report upon an accounting in a suit in equity for patent infringement. The plaintiffs abandoned any effort to prove profits, and rested their case upon their damages, which the master has found to be at the rate of 5 cents per pound of a special kind of rubber stock, a necessary element of the combination patented to Grant, No. 554,675, February 18, 1896, for rubber tires.…
1Opinion of the Court
LEARNED HAND, District Judge.
The first question is of the established or reasonable royalty; the second, of treble damages. The first question breaks into three parts: The amount, if any, of the proper royalty; the scope of the accounting, whether for whole tires or the rubber stock alone; the Kokomo transaction. I shall take these up in order, and conclude with the question of treble damages.
The first question, therefore, is of the amount of an established, or of a reasonable, royalty. I do not see how any one can dispute that there is adequate proof of an established royalty of 10 or 20…
2Cases cited17 opinions
- Diamond Rubber Co. of New York v. Consolidated Rubber Tire Co.Supreme Court of the United States · 1911
- Henry v. A. B. Dick Co.Supreme Court of the United States · 1912
- Dowagiac Manufacturing Co. v. Minnesota Moline Plow Co.Supreme Court of the United States · 1915
- Kessler v. EldredSupreme Court of the United States · 1907
- Mowry v. WhitneySupreme Court of the United States · 1871
12 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Faulkner v. GibbsCourt of Appeals for the Ninth Circuit · 1952
- B. F. Goodrich Co. v. Consolidated Rubber Tire Co.Court of Appeals for the Seventh Circuit · 1918
- Ruth v. Stearns-Roger Mfg. Co.District Court, D. Colorado · 1935
- Starr Piano Co. v. Auto Pneumatic Action Co.Court of Appeals for the Seventh Circuit · 1926
- A. B. Dick Co. v. MarrDistrict Court, S.D. New York · 1942
3 more not listed; retrieve them via the Exa API.