Elrick Rim Co. v. Reading Tire Machinery Co.

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

On the issues raised by the plaintiff’s complaint and the defendant’s answer and counter-claim, judgment will be entered as follows:

1. That plaintiff take nothing against the defendants or either of them on either the claim alleging invalidity of the patent in suit or the claim for unfair competition.

2. Judgment will be for the defendant as prayed for in the answer and counter-claim, finding the claims of the patent in suit and each of them valid and infringed by the plaintiff.

Injunction will be issued against the plaintiff to prevent further infringement *62 and the matter will, after the interlocutory decree has become final, be referred to a Master to be appointed by the Court to ascertain the amount of single damages to be awarded the defendant under Section 284 of Title 35 U.S.C.A. Defendant to recover costs of suit.

As the plaintiff forced the litigation upon the defendant and sought not only declaration of invalidity and damages for unfair competition, but attorneys fees also, under circumstances which the Court thinks were not justified, in view of the recency of the issuance…