Moseley

Appellee (United States Appliance Corporation) sued appellants (Tomlinson I. Moseley, Ralph M. Keele and Keelmo Company) and Beauty Shop Supply Company Inc., hereafter called Beauty Shop, for infringement of a patent (No. 1,984,585) owned by appellee. Appellee’s prayer was for an injunction and an accounting of profits and damages. Defenses were that the patent was invalid, and that, if valid, it was not infringed. Trial was had, and a decree was entered dismissing the suit. We affirmed the decree as to Beauty Shop and reversed it as to appellants. 1 We held that, as to Beauty Shop, the patent was invalid; that appellants were estopped from asserting its invalidity; that they had infringed it; that an injunction should be issued against them; and that an accounting should be had from them.

Our mandate was issued on December 3, 1941, and was filed in the District Court on December 6, 1941. On January 10, 1942, that court entered an interlocutory judgment which, in conformity with our mandate, directed that an injunction be issued against appellants, and that an accounting of profits and damages be hadt from them, and referred the case to a master to ascertain such profits and…