McCullough

On this appeal we affirmed the judgments of the District Court holding that patent No. 1,625,391, owned by appellee Kammerer Corporation and of which appellee RaashRoss Tool Company was sole licensee, had been infringed by appellant and awarding-injunctions and ordering accountings of and payment by appellant to appellees of profits and damages with costs of suit.

Certiorari was sought from the Supreme Court on the ground that the patent was invalid and if valid not infringed, and on the further ground that the license agreement between the appellees was against the public interest and hence that all equitable relief should be denied appellees. Certiorari was denied, 322 U.S. 739 , 64 S.Ct. 1056 . Later, upon a motion for rehearing, the writ was granted, 322 U.S. 766, 64 S.Ct. 1277 . On January 2, 1945, the Supreme Court dismissed the writ and *526 remanded the case to this court, 323 U.S. 327 , 65 S.Ct. 297 . In the interim the patent had expired.

In this court the appellant, admitting the finality of our judgment that the patent is valid and infringed by him, repeats his claim that the license agreement of appellees violates the public interest. . He moved that the ordered…