40 _ ·- FEDERAL REPORTER.
3 Ban. & A. 485. As a matter of fact, in this view, it clearly enough
appears that corsets of this design would be readily distinguishable by
ordinary persons from those of any prior design. The patent appears,
therefore, to be valid. Infringement is not disputed, and is clear; so
clear that it shows the results of copying. The orators are, therefore,
entitledto a decree. , V g ‘ A
.Let a decree be entered that the patent is valid; that the defendants
infringe; and for an injunction and an account according to the prayer
of the bill, with costs. ‘ _ I
Wmnmno v. LA Blu:. ‘
(0w7rcuit Court, S. D. New York. February 25, 1888.) [
1. Pyrmmjs ron I1~xvmN·r10Ns—InFarnenMnnrr-Rmrannivcm. A { A
tiger! a reference in a suit for infringement of reissued letters patent No.
5,9 . for an improvement in artiticialivory, consisting of shellac and talc in
substantially equal parts, it appeared that defendant used a composition of
I shellac and "nber white, ” claimed to be a different substance from talc, and
to have'b‘een discovered since the issue of the patent. The master found
that “iiber white" hadall the physical and chemical properties of talc, and
,was talc. Held, that as his report showed there was,·as to that fact, much
_ conflicting testimony, his finding will not be set aside. U
2. SAME—INFRIN'GEMENT+DAMAGES. A
Where plaintiffs invention relates to a new composition of matter, and ·the
infringingarticle is made of the patented material,. and this alone, the meas-
ure of the patenteds damages is the entire profit he would have made, to the
extent of t e sales by defendant of the infringing article.
On Exceptions to Master’s Report. ` ·
On the 30th of J une, 1882, the complainant, William M. Welling,
` obtained, a decree sustaining reissued letters patent No. 5,940, dated
June 30, 1874, for an improvement in artificial ivory. See 12 Fed.
Rep. 875. The defendant, John H. La Ban, having made and sold cer-
tain articles containing the patented composition, viz., shellac and talc,
in substantially equal parts, was adjudged an infringer, and a master was
appointed to take the account. After along and vigorously contested
controversy; during the progress of which the court was several times
appealed to, (see 32 Fed: Rep. 293,) the master, on the 24th of Decem-
ber, 1886, presented a report, in which he assessed the complainants
damages at $3,634.94. After thedate of the original patent, and, prob-
ably, about the year 1872, in the extreme southeastern portion of St.
Lawrence county, New York, a mineral was discovered which was placed
upon themarket and known commercially as "iiber white." Large quan-
tities of this mineral were used by the defendant. T The question of fact
over which the main contest arose was whether "nber white " was or was
not talc. The master found that it had all the physical and chemical
properties of talc, and was talc. a i He further found as follows: That the
whitechecks sold by the defendant contained shellac and talc, in substan-