Reinharts, Inc. v. Caterpillar Tractor Co.

This is an equity case in which a final decree adjudged appellant had infringed a patent for a part of the mechanism of caterpillar tractors by the sale of two infringing tractors. 9 Cir., 85 F.2d 628 . It awarded no damages, but decreed costs against appellant. This appeal is from the allowance of the costs, upon a statement of the evidence under Equity Rule 75, 28 U.S.C.A. following section 723 and an order incorporating the record in the ' former appeal No. 7636.

The contested items taxed are $7,056.-56 for models introduced by complainant as exhibits at the trial, and for $1423.80 for elaborate illustrative charts, both without previous authorization by the court.

The questions presented concern, first, the power of the court sitting in equity in a patent suit to award costs for models so introduced in evidence; second, its power with regard to the charts; and, third, whether if the costs for the models are allowable in exceptional cases, the court, in basing its allowance as upon such a case, exercised any legal discretion toward the defendant.

The appeal from the cost decree warrants our considering all three questions. Newton v. Consolidated Gas Co., 265 U.S. 78, 83, 85…