Western Gas Fixture Co. v. Jefferson Glass Co.

ROSE, Circuit Judge.

Is the owner of a design patent entitled to recover at least as much as $250 from one who has knowingly infringed thereon, even though the infringer’s profits from the wrongful use of the design have been much less than that sum and there has been no proof of damage to the patentee? Section 1 of the Act of February 4, 1887 (24 Stat. 387; Comp. St. § 9476), requires an affirmative answer. Pirkl v. Smith (C. C.) 42 Fed. 410; Untermeyer v. Freund, 58 Fed. 205, 7 C. C. A. 183. Since the cases above cited, the statute has been many times before the. court, and there ha.ve been…