Faulkner

Faulkner v. Gibbs

Caution
199 F.2d 635·95 U.S.P.Q. (BNA) 400·1952 U.S. App. LEXIS 4372
United States Court of Appeals for the Ninth CircuitOctober 30, 195213120California4,666 words

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…

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