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eBook details

• Title: W. F. v. International Harvester Co.
• Author : United States Court of Appeals for the Seventh Circuit
• Release Date : January 29, 1944
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

The questions here presented arise out of the taxation of costs in W. F. and John Barnes Company et al. v. International Harvester Co. et al., D.C., 51 F.Supp. 254. The original complaint and its amendments charged the defendants with infringement of fourteen patents, containing almost 1000 claims, of which plaintiffs relied on 129 as exemplary of various phases of the alleged inventions. Each claim relied upon was held invalid, the complaint was dismissed for want of equity and the decree ended with the words, "Costs of this proceeding shall be charged against plaintiffs." There was no appeal from this decree. It was entered August 28, 1943, and on plaintiffs motion, filed December 9, 1943, the court on the same day ordered defendants to file their bill of taxable costs within three days thereof. This was done, and in support of the bill, defendants tendered therewith three affidavits as to the correctness, necessity and reasonableness of the respective items. Except as to a few minor items, not material here, the clerk, on December 20, 1943, taxed the costs as claimed.

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