Philp v. Nock
Supreme Court of the United States
Error to the Supreme Court of the District of Columbia. Nock brought an action in the court below against Philp and others to recover damages for the infringement of a patent granted to him by the United States for an improve^ ment touching the lids of inkstands and the hinge whereby such lids ar.e attached.
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Error to the Supreme Court of the District of Columbia. Nock brought an action in the court below against Philp and others to recover damages for the infringement of a patent granted to him by the United States for an improve^ ment touching the lids of inkstands and the hinge whereby such lids ar.e attached. The case came on to be tried in March, 1870, and therefore while the Patent Act of July 4th, 1836,* which in suits against infringers gives to patentees “the actual damages sustained” by them, was in force; a similar provision, however, being made in the subsequent Patent Act of July 8th,…
1Opinion of the Court
Mr. justice SWAYNE
delivered the opinion of the court.
The measure of the damages to’be recovered against infringers prescribed by the act of 1836 as well as by the act of 1870, is “the actual damages"sustained by the plaintiff'.” Where the plaintiff has sought his profit in the form of a royalty paid by his licensees, and there are no peculiar circumstances in the case, the amount to be recovered will be regulated by that standard. If that test cannot be applied, he will be entitled to an amount which will compensate him for the injury to which he has been subjectecLby the piracy. In arriving…
2Cited by47 opinions
- Fleischmann Distilling Corp. v. Maier Brewing Co.Supreme Court of the United States · 1967
- Tilghman v. ProctorSupreme Court of the United States · 1888
- Dowagiac Manufacturing Co. v. Minnesota Moline Plow Co.Supreme Court of the United States · 1915
- Monolith Portland Midwest Company, a Nevada Corporation v. Kaiser Aluminum & Chemical CorporationCourt of Appeals for the Ninth Circuit · 1969
- Rohm & Haas Company v. Crystal Chemical Company and Joe C. EllerCourt of Appeals for the Federal Circuit · 1984
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