Bankers' Utilities Co. v. Pacific Nat. Bank

By our decision in Bankers’ Utilities Co. and others v. Pacific National Bank and others (No. 4981) 18 F.(2d) 16 , reversing the decree below, we sustained the validity of the Greer patent, No. 1,460,716, for a book form coin receptacle or savings bank with detachable cover. Petitions for a rehearing and certiorari having been denied, the mandate went down and was filed in the District Court on October 18, 1927, directing that the decree in that court be vacated and that further proceedings be taken not out of harmony with our 'opinion. Accordingly on October 26, 1927, the District Court entered an interlocutory decree adjudging the validity of the patent, enjoining the defendants from making, selling, or using any device embodying plaintiffs’ invention, particularly as defined in claim 6 of the patent, and directing á judgment in plaintiffs’ favor for such damages as they had sustained by reason of defendants ’ infringement, to ascertain which an accounting was ordered with reference for that purpose to a special master.

' It seems that in the course of the accounting proceedings, which were commenced in December, 1927, it was shown that prior thereto the defendants had…