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INTERNATIONAL VITAMIN CORP. v. E. R. SQUIBB & SONS

No. 5409.

13 F.Supp. 129 (1935)

INTERNATIONAL VITAMIN CORPORATION v. E. R. SQUIBB & SONS.

District Court, E. D. New York.

December 9, 1935.

Attorney(s) appearing for the Case

Satterlee & Canfield, of New York City (Robert W. Byerly and Ernest F. Staub, both of New York City, of counsel), for plaintiff.

Gifford, Scull & Burgess, of New York City (George F. Scull and C. W. Mortimer, both of New York City, of counsel), for defendant.

GALSTON, District Judge.

Exceptions have been filed by the defendant to the report of the special master in which he finds that the defendant's profits from the infringement amount to $82,864.08, and plaintiff's damages, assessed on the basis of a reasonable royalty, to $70,965.06.

The suit is for infringement of letters patent No. 1,690,091, relating to a process for extracting vitamins or vitamin-bearing oils. The accounting filed by the defendant discloses...

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