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KEUFFEL & ESSER CO. v. MASBACK, INC.

131 F.Supp. 237 (1955)

KEUFFEL & ESSER CO., Plaintiff, v. MASBACK, Inc., Evans & Co. (Inc.), Material Process Co., Private Brand Rule Co. and Sears, Roebuck and Co., Defendants. KEUFFEL & ESSER CO., Plaintiff, v. SEARS, ROEBUCK and CO., Defendant.

United States District Court S. D. New York.

March 23, 1955.

Attorney(s) appearing for the Case

Kenyon & Kenyon, New York City, Ralph L. Chappell, George T. Bean, New York City, John A. Reill, J. Russell Juten, Washington, D. C., of counsel, for plaintiff.

Fish, Richardson & Neave, New York City, John Vaughan Groner, Stuart A. White, New York City, of counsel, for defendants.

CONGER, District Judge.

Defendants have applied for counsel fees pursuant to 35 U.S.C. § 285. This section provides that in exceptional cases the court may award reasonable counsel fees to the prevailing party.

Plaintiff's patents Nos. 2,089,209 and 2,471,329 were adjudged invalid after trial. See opinion filed November 18, 1954, D.C., 126 F.Supp. 859.

The rule with respect to counsel fees was well expressed...

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