Carson v. American Smelting & Refining Co.

NETERER, District Judge.

In response to an order of the master in chancery to file a detailed statement of account in form of' debtor and creditor under equity rules 62 and 63, showing profits accrued to the defendant from the patent infringement, the defendant filed a statement purporting to show expenses by use of infringing furnaces in its several plants and expenses in use of four other types of furnaces which, it claims, were open to defendant’s use and each capable of producing the same result, and which, it assorted, are proper* standards of comparison, showing gain by saving from the…