New England Fibre Blanket Co. v. Portland Telegram

Appellant, as owner of patent No. 1,-227,557 for an improvement in Make Beady of Impression Cylinders of Printing Presses, brought suit for infringement. An interlocutory decree adjudging infringement was entered in favor of plaintiff [ 34 F.(2d) 446 ] and the matter referred to a master “to take and state the account of said gains, .profits and advantages which the defendants have received, or which have arisen or accrued to them or either of them by the infringement of said letters patent, and the damages which plaintiff has suffered by reason of said infringement, and to assess such damages, and to report thereon.”

The master’s concluding statement of his findings is as follows:

“First, that the defendants made gains,profits, and savings, by reason of-the infringement, in the amount of $1404.88, and that plaintiff is entitled to a decree against defendants for that amount, together with its costs before the master.

“Second, that the infringement was deliberate and willful.

*649 “Third, that under the law the plaintiff is not entitled to an increase of the award.”

Plaintiff excepted to the third finding of the master. The exception was overruled and the award of the master…