COVER v. CHICAGO EYE SHIELD CO.

No. 7849.

130 F.2d 25 (1942)

COVER v. CHICAGO EYE SHIELD CO.

Circuit Court of Appeals, Seventh Circuit.

August 13, 1942.


Attorney(s) appearing for the Case

F. Allan Minne, of Chicago, Ill., for appellant.

Eugene Vincent Clarke, of Chicago, Ill., for appellee.

Before SPARKS and KERNER, Circuit Judges, and CAMPBELL, District Judge.


SPARKS, Circuit Judge.

The defendant appeals from a decree on an accounting in a suit for patent infringement. Two separate issues are presented: (1) Whether the patentee is entitled to all the profits on a device conceded to infringe the two patents which were held valid and infringed, or whether the infringer is entitled to apportion the profits, being liable only for those arising out of the use of the elements of its device directly infringing the patents, and...

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