Legal Opinion · Dissent
Rite-Hite Corp. v. Kelley Co.
Court of Appeals for the Federal Circuit
Decided June 15, 1995No. Nos. 92-1206, 92-1260Published
1Dissent
NIES, Circuit Judge,
with whom ARCHER, Chief Judge, SMITH, Senior Circuit Judge, and MAYER, Circuit Judge join, dissenting-in-part.
I
SUMMARY
The majority uses the provision in 35 U.S.C. § 284 for “damages” as a tool to expand the property rights granted by a patent. I dissent.
No one disputes that Rite-Hite is entitled to “full compensation for any damages suffered as a result of the infringement.” General Motors Corp. v. Devex Corp., 461 U.S. 648, 653-54, 103 S.Ct. 2058, 2062, 76 L.Ed.2d 211 (1983). “Damages,” however, is a word of art. “Damages in a legal sense means the compensation which the…
2Cases cited82 opinions
- Associated General Contractors of California, Inc. v. California State Council of CarpentersSupreme Court of the United States · 1983
- Brunswick Corp. v. Pueblo Bowl-O-Mat, Inc.Supreme Court of the United States · 1977
- Fogerty v. Fantasy, Inc.Supreme Court of the United States · 1994
- Holmes v. Securities Investor Protection CorporationSupreme Court of the United States · 1992
- Blue Shield of Va. v. McCreadySupreme Court of the United States · 1982
77 more not listed; retrieve them via the Exa API.