Kissinger-Ison Co. v. Bradford Belting Co.

Citations

• 123 F. 91
• 59 C.C.A. 221
• 1903 U.S. App. LEXIS 3978

Syllabus

<p>1. Patents—Bill of Review—New Evidence of Anticipation.</p> <p>The discovery by a defendant of other United States patents bearing on the question of anticipation is not sufficient basis for a bill of review to review a decree sustaining a patent, entered after an appeal, in the absence of some unusual circumstance.</p> <p>2. Same—Application to Appellate Court for Leave to File—Due DiliGENCE.</p> <p>On an application to the Circuit Court of Appeals for leave to file a bill of review to review a decree sustaining the validity of a patent entered upon its mandate, on the ground of newly discovered evidence, the question of due diligence, as well as the materiality of the new evidence, is one for consideration by that court.</p> <p>8. Same—Suit for Infringement—Profits Recoverable.</p> <p>Where defendants bought the infringing articles from the manufacturers, and resold the same, they are chargeable on an accounting for profits only with the profits made by themselves above the price paid, and not for the profits made by the manufacturers, whatever may be their liability for damages sustained by complainant over and above the profits so made.</p> <p>4 Same—Discretion to Increase Damages—Review on Appeal.</p> <p>The refusal of a Circuit Court to increase the damages found to have been sustained by a complainant because of defendant’s infringement, as permitted by Rev. St. § 4921 [Ü. S. Comp. St. 1901, p. 3395], will not be disturbed by the appellate court unless clearly demanded by the evidence.</p> <p>5. Same—Accounting for Profits—Allowance for Expenses of Selling.</p> <p>On an accounting by an infringer for profits made on sales of the infringing device, he is entitled to credit for commissions shown to have been paid agents on such sales, but to authorize the allowance to him as a credit of a share of the general expenses of his business there must be specific evidence from which the proportion of such expenses justly chargeable to that part of the business can