Diamond Stone-Sawing Mach. Co. v. Brown
Court of Appeals for the Second Circuit
Appeal from the Circuit Court of the United States for the Eastern District of New York. On appeal and cross-appeal from a final decree overruling exceptions to the report of the master and awarding the complainant $180 damages for the infringement of the first three of the five claims of letters patent No. 429,874, granted June 10, 1890, to G. N. Williams, Jr., for an improvement in diamond stone-sawing machines.
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Appeal from the Circuit Court of the United States for the Eastern District of New York. On appeal and cross-appeal from a final decree overruling exceptions to the report of the master and awarding the complainant $180 damages for the infringement of the first three of the five claims of letters patent No. 429,874, granted June 10, 1890, to G. N. Williams, Jr., for an improvement in diamond stone-sawing machines. The opinion sustaining the validity of the patent is reported in 130 Fed.' 896, affirmed 137 Fed. 910, 70 C. C. A. 248. The exceptions to the report of the master were considered…
1Opinion of the Court
COXF, Circuit Judge.
In patent nomenclature what the infringer makes is “profits,” what the owner of the patent loses by such infringement is “damages.” In the case at bar no question as to the defendants’ profits arises, the complainant, apparently, being content to accept the defendants’ statement that no data can be produced upon which to base an estimate of profits. The appeal is here, therefore, to review an allowance of damages only.
The question whether a license fee was established is one of fact, *307and as the master has found that on November 1, 1901, a yearly license fee of $300 for…
2Cases cited2 opinions
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- Urquhart v. Commissioner of Internal Revenue, (Two Cases). Urquhart v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1954
- Georgia-Pacific Corp. v. United States Plywood Corp.District Court, S.D. New York · 1965
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