Legal Opinion

Merrell Soule Co. v. Powdered Milk Co. of America

Court of Appeals for the Second Circuit

Decided April 6, 1925No. 300PublishedCited by 20 opinions

1Opinion of the CourtHough, Circuit Judge

(after stating- the facts as above). The master declared what he considered to be the profits derived from infringement by defendant, and also what he regarded as a proper award of damages on the basis of a reasonable royalty. ‘The court below, having- substantially affirmed the finding as to profits did not pass upon damages, but the whole case having been ap pealed, and, it being assigned for error inter alia that the District Court did not hold “that there was no legal proof upon which a judgment for more than nominal damages could be based,” we axe required to consider the whole record…

2Cases cited14 opinions

  1. Root v. Railway Co.Supreme Court of the United States · 1882
  2. Dowagiac Manufacturing Co. v. Minnesota Moline Plow Co.Supreme Court of the United States · 1915
  3. Coupe v. RoyerSupreme Court of the United States · 1895
  4. The Suffolk Company v. HaydenSupreme Court of the United States · 1866
  5. United States Frumentum Co. v. LauhoffCourt of Appeals for the Sixth Circuit · 1914

9 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. Georgia-Pacific Corporation v. U. S. Plywood-Champion Papers Inc.Court of Appeals for the Second Circuit · 1971
  2. Horvath v. McCord Radiator & Mfg. Co.Court of Appeals for the Sixth Circuit · 1938
  3. Carter Products, Inc. v. Colgate-Palmolive CompanyDistrict Court, D. Maryland · 1963
  4. Vermont Microsystems, Inc. v. Autodesk, Inc., Cross-Appellee, Otto G. BerkesCourt of Appeals for the Second Circuit · 1998
  5. Julius E. Foster v. American MacHine & Foundry Co.Court of Appeals for the Second Circuit · 1974

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