Garrett

The above entitled cause heretofore tried, argued and submitted, is now decided as follows:

Judgment will be for the plaintiff that the patent to H. W. Jewell and others for a “pressure pipe joint”, covered by Letters Patent No. 2,530,700, issued on November 3, 1947, is valid and that the defendant has infringed Claims 9 and 10.

Injunction will issue against further infringement by the defendant and those under his control.

An accounting for profits and/or damages is ordered, and the matter is referred to Leslie S. Bowden, Esq. as special, master to take such accounting.

Findings and interlocutory decree to be prepared by counsel for the plaintiff under Local Rule 7.

Costs to plaintiff. Attorneys’ fees in the sum of $500.

Comment.

The action relates to a patent for a pressure pipe joint covered by Letters Patent No. 2,530,700. The claims involved are Claims 9 and 10, which read:

There is no question that infringement exists. The defendant is a sewer contractor. He purchased the plaintiff’s device at a retail price of $1 in large quantities. Then he suddenly decided to make his own and caused some 12,500 devices to be made, 2,500 of which he used on his own jobs. The others…