Electrical Products Corp. v. Neale, Inc.

Report of Special Master.

To the Honorable Judges of the District Court pf the United States for the Southern District of California, Southern Division:

The undersigned, David B. Head, appointed special master in the above-entitled cause, pursuant to an order of this court en-r tered September 18, 1928, to take and hear evidence, to make conclusions as to the facts in issue, and recommend the judgment to be entered thereon, herewith submits his report:

Action and Parties. This is an action in equity brought by the Electrical Products Corporation, .an Arizona corporation, against Neale, Inc., a Delaware corporation, and others, for infringement of letters patent No. 1,125,476, with prayer for relief by injunction and an accounting of profits and damages.

The plaintiff sues as the licensee under an exclusive territorial license to manufacture, *825 use, and sell the invention of the patent in suit in certain western states, including the state of California.

The original patent was issued to Georges Claude who assigned the same to Claude Neon Lights, Inc., the licensor of the plaintiff.

The master, hy stipulation of the parties, set the ease for the taking of testimony on…