Icyclair, Inc. v. District Court of United States for Southern District of California

In the District Court of the United States for the Southern District of California, the National Popsicle Corporation and two other plaintiffs brought a suit in equity against Icyclair, Incorporated, and another defendant for the infringement of letters patent owned by plaintiffs. Defendants answered, alleging invalidity of the patents and denying infringement.

The District Court heard the case and on September 11, 1'935, entered its decree (hereafter called the first decree), holding the patents valid and infringed by defendants, enjoining defendants from further infringing them, and referring the case to a special master for the purpose of taking an account of profits and damages.

’ That being a final decree, except for the ordering of an accounting, defendants on October 10, 1935, appealed therefrom to this court, pursuant to section 129 of the Judicial Code, as amended by the Act of February 28, 1927, 44 Stat. 1261 , 28 U.S.C.A. § 227a, which provides:

“When in any suit in equity for the infringement of letters patent for inventions, a decree is rendered which is final except for the ordering of an accounting, an appeal may be taken from such decree to the circuit court of…