Welling v. La Bau
U.S. Circuit Court for the District of Southern New York
In Equity. On motion to increase the damages for infringement of complainant’s letters patent under Revised Statutes of the United States, sections 4919 and 4921, referred to in the opinion, section 4919 provides: “ Damages for the infringement of any patent may be recovered by action on the case in the name of the party interested, either as patentee, assignee, or grantee, and whenever in any such action a verdict is rendered for the plaintiff, the court may enter judgment…
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In Equity. On motion to increase the damages for infringement of complainant’s letters patent under Revised Statutes of the United States, sections 4919 and 4921, referred to in the opinion, section 4919 provides: “ Damages for the infringement of any patent may be recovered by action on the case in the name of the party interested, either as patentee, assignee, or grantee, and whenever in any such action a verdict is rendered for the plaintiff, the court may enter judgment thereon for any sum above the amount found by the verdict as the actual damages sustained, according to the…
1Opinion of the CourtGone, J.
This is a motion to increase the damages in an equity action for the infringement of a patent, under sections 4919, 4921, Rev. St. The facts appear sufficiently in 12 Fed. Rep 875, 32 Fee Rep. 293, 34 Fed. Rep. 40, and ante, 301.
The complainant bases the application upon the long pendency of the controversy, the persistent resistence of the defendant, the voluminous record, and the large sums, in all $6,738, paid by complainant in the prosecution of the suit. It is also argued that the master’s report is most conservative, and it is obvious from the testimony that the complainant has suffered…
2Cases cited5 opinions
- Livingston v. WoodworthSupreme Court of the United States · 1854
- Sanders v. LoganU.S. Circuit Court for the District of Western Pennsylvania · 1861
- Brodie v. Ophir Silver Min. Co.U.S. Circuit Court for the District of California · 1867
- Peek v. FrameU.S. Circuit Court for the District of Southern New York · 1871
- Schwarzel v. HolenshadeDistrict Court, S.D. Ohio · 1866
3Cited by1 opinion
- Enterprise Mfg. Co. v. Shakespeare Co.District Court, W.D. Michigan · 1942