Coleman Company, Inc., a Corporation v. Holly Manufacturing Company, a Corporation

After a patent has been adjudged valid and infringed, as has been done in the case before us, the question of damages for that infringement is necessarily one of detail.

In such an appeal, there presses upon the reviewing court, with more than the usual insistence, the immemorial canon that, given substantial evidence to support its judgment, the trial court must have its way.

Such is the situation that confronts us here.

1. Statement of the Case.

This appeal concerns the accounting for damages, which accounting was conducted by the District Court after the mandate was issued by the Court of Appeals on the previous appeal, which dealt with the issues of validity and infringement. The appellant Coleman also asks this Court of Appeals to review the judgment of contempt. The previous appeal is reported at 9 Cir., 233 F.2d 71 , certiorari denied, 352 U.S. 952 , 77 S.Ct. 326 , 1 L.Ed.2d 243 . In the earlier case, the Court of Appeals decided that the patent involved in the instant case, No. 2,602,-441, was valid and infringed, and that fact cannot be relitigated now, though the appellant in his brief seeks to do so. This case deals strictly with the accounting and the judgment of…