B. F. Goodrich Co. v. Consolidated Rubber Tire Co.
Court of Appeals for the Seventh Circuit
Appeal and Cross-Appeal from the District Court of the United States for the Eastern Division of the Northern District of Illinois. Suit by the Consolidated Rubber Tire Company and the Rubber Tire Wheel Company against the B. F. Goodrich Company. From the decree (237 Fed. 893), which was for part only of the relief sought, defendant appeals and complainants cross-appeal.
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Appeal and Cross-Appeal from the District Court of the United States for the Eastern Division of the Northern District of Illinois. Suit by the Consolidated Rubber Tire Company and the Rubber Tire Wheel Company against the B. F. Goodrich Company. From the decree (237 Fed. 893), which was for part only of the relief sought, defendant appeals and complainants cross-appeal. Suit for injunction to restrain infringement of Grant patent, No. 554,075, and for accounting for infringement of such patent. The Grant patent was issued February 18, 1896, and its validity was sustained by the Supreme Court…
1Opinion of the CourtEvan A. Evans, Circuit Judge
(after stating the facts as above). The two important questions that must first be determined are: (a) Is there sufficient evidence in the record to justify the adoption of a reasonable royalty as the basis for recovery? (b) If this question be answered in the affirmative, is 5 cents per pound a reasonable royalty ?
[1-3] While the learned counsel for appellant does not dispute the court’s right to apply the doctrine of reasonable royalty, where there is sufficient evidence to justify it (Dowagiac Mfg. Co. v. Minnesota Plow Co., 235 U. S. 641, 35 Sup. Ct. 221, 59 L. Ed. 398), contention is…
2Cases cited4 opinions
- Tilghman v. ProctorSupreme Court of the United States · 1888
- Dowagiac Manufacturing Co. v. Minnesota Moline Plow Co.Supreme Court of the United States · 1915
- Consolidated Rubber Tire Co. v. Diamond Rubber Co.District Court, S.D. New York · 1915
- Consolidated Rubber Tire Co. v. Diamond Rubber Co. of New YorkCourt of Appeals for the Second Circuit · 1916
3Cited by17 opinions
- K. W. Ignition Co. v. Temco Electric Motor Co.Court of Appeals for the Sixth Circuit · 1922
- LP Larson, Jr., Co. v. William Wrigley, Jr., Co.Court of Appeals for the Seventh Circuit · 1927
- Reynolds Spring Co. v. L. A. Young Industries, Inc.Court of Appeals for the Sixth Circuit · 1939
- Activated Sludge v. Sanitary Dist. of ChicagoDistrict Court, N.D. Illinois · 1946
- Merrell Soule Co. v. Powdered Milk Co. of AmericaCourt of Appeals for the Second Circuit · 1925
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