International Radio Telegraph Co. v. Atlantic Communication Co.

(after stating the facts as above). The fundamental question is this: As the profits in question accrued or arose, to whom did they legally belong?

It has never been doubted in patent litigation that where damages are not claimed the plaintiff “must be content with such indemnity for the violation of his rights as he will receive by recovery of the profits which the master has found were realized by the defendant” (per Wallace, J., Covert v. Sargent [C. C.] 42 Fed. 298; Wooster v. Trowbridge [C. C.] 115 Fed. 722, at page 728).

That is, what the plaintiff can recover must have been realized by…