Brown v. Lanyon

ADAMS, Circuit Judge.

This'was ah action at law to recover ;p.rofits alleged to have been made by defendants in infringing, letters ■patent of the United States,' N.o. '4.71,264, for-new and useful improver ments in ore roasting furnaces belonging, to, complainants. We. are relieved at the outset, from a consideration of some mino(r questions by. the frank admission.of plaintiffs’ counsel found in his 'brief that':

“The plaintiffs cannot prove any lost sales, or any established license fee, or any other form of direct damage. * * * If it be the law that plaintiffs have no right of recovery of…