Faulkner
Faulkner v. Gibbs
Opinion
Opinion
Bone, J.
This action for nt jnfringement , , , .. ,,r comes to us for the second time. We previously affirmed an interlocutory judgment of the District Court holding appellee’s pat-ent valid and infringed and enjoining appellant from further infringement. The Supreme Court granted certiorari and affirmed.
jn p-s interlocutory judgment the District court referred the cause to a master to as-certain damages. Pending the aforesaid appeals the proceedings before the master were terminated prior to the making of a report and the master was discharged. Up-on the remand of the cause from the Supreme Court the question of damages was tried by the District Court on depositions and documentary evidence. The Court awarded damages of $15,000, additional at-torneys’ fees in the sum of $1000, and costs to appellee. The awards of attorneys’ fees and damages are challenged on this appeal,
Appellee’s patent is a game device consisting of a plurality of electrically interconnected game units, arranged in banks, each of which units has the general outward appearance of the well-known pinball machine. Each unit is operated by a separate player who competes with players operating the other units in the…