Burdell v. Comstock

The proper forum in which to sue for damages arising from an infringement of a patent is a court of law. Root v. Railway Co. 105 U. S. 189. But chancery courts may take cognizance of such cases if they involve some element of equitable jurisdiction. *396Owners of patents are entitled, as well to protection against future invasions of their rights, as to compensation for past injuries. Hence, parties desiring such relief must, from the necessities of their cases, invoke the aid of courts authorized to issue injunctions, and when jurisdiction is once rightfully obtained, the court may proceed and…