Radiator Specialty Company v. Frank Micek, Administrator of the Estate of Richard Micek, Deceased

In Radiator Specialty Company v. Micek, 9 Cir., 327 F.2d 554 , cert. denied 379 U.S. 821 , 85 S.Ct. 41 , 13 L.Ed.2d 31 , we upheld the district court’s interlocutory determination that Radiator’s Seal-O-Matie valve flusher infringed Micek’s patent called Positive Flush Control.

The case went back to the district court for determination of damages. There was a change in trial judges. The new judge adopted a “reasonable royalty” theory for compensation. Then he tripled it. (The damages as trebled amounted to approximately $25,000.) Interest was fixed to run on the tripled amount from the date of the interlocutory decree. Attorney fees of slightly over $20,000 were allowed as reasonable.

On this appeal, Radiator attacks the trebled damages, the interest on the trebled damages and the amount of the attorney fee award.

We affirm as to treble damages. Obviously, the second judge was at a disadvantage in determining whether simple or trebled damages should be awarded. Nevertheless, we hold there was enough in the lengthy interlocutory findings of the first judge to permit the second judge to find sufficient circumstances for an exemplary increase.

As to the interest, there is some…