53 F. 817 (E.D.Mo. 1892), Hoke Engraving Plate Co. v. Schraubstadter

Citation:53 F. 817
Party Name:HOKE ENGRAVING PLATE CO. v. SCHRAUBSTADTER.
Case Date:November 02, 1892
Court:United States Courts of Appeals, Court of Appeals for the Eighth Circuit
 
FREE EXCERPT

Page 817

53 F. 817 (E.D.Mo. 1892)

HOKE ENGRAVING PLATE CO.

v.

SCHRAUBSTADTER.

United States Circuit Court, E.D. Missouri, Eastern Division.

November 2, 1892

Benjamin F. Rex, for complainant.

George H. Knight and H. G. Ellis, for defendant.

THAYER, District Judge, (orally.)

In this case the master finds, as a matter of fact, that the infringing engraving plates manufactured and sold by the defendant during the period of the infringement derive their entire commercial value from the invention covered by complainant's patent. If this is the fact, then it follows that the complainant is entitled to recover the manufacturer's profits. The defendant's attorneys do not dispute this proposition. The real question that arises under the exceptions is whether the master is right in his finding of fact, that defendant's engraving plates derived their entire commercial value from the infringement of complainant's patent. I have considered the testimony on this point carefully, and I am unable to say that the master's finding is erroneous. The result is that the exceptions to the master's report must be overruled; but, as the...

To continue reading

FREE SIGN UP