Legal Opinion

Stromberg Motor Devices Co. v. Zenith Detroit Corp.

District Court, S.D. New York

Decided July 22, 1932PublishedCited by 1 opinion

1Opinion of the Court

COXE, District Judge.

This ease arises on exceptions to a master’s report in a patent accounting. The patent involved is the Mock patent, No. 1,404,-879, for a carburetor, which issued January 31, 1922, and was held valid and infringed as to claim 4 by the Circuit Court of Appeals in Stromberg Motor Devices Co. v. Zenith-Detroit Corp’n, 25 F.(2d) 567.

On the accounting, the plaintiff claimed profits only, and, after prolonged hearings before the master, it was found that the defendant’s profits from infringing sales were $277,420.58. It was held, however, that, notwithstanding this fact, there…

2Cases cited21 opinions

  1. Elizabeth v. Pavement Co.Supreme Court of the United States · 1878
  2. Dowagiac Manufacturing Co. v. Minnesota Moline Plow Co.Supreme Court of the United States · 1915
  3. Westinghouse Electric & Manufacturing Co. v. Wagner Electric & Manufacturing Co.Supreme Court of the United States · 1912
  4. Garretson v. ClarkSupreme Court of the United States · 1884
  5. McCarty v. Lehigh Valley RailroadSupreme Court of the United States · 1895

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3Cited by1 opinion

  1. Ruth v. Stearns-Roger Mfg. Co.District Court, D. Colorado · 1935

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