Legal Opinion

Birdsall v. Coolidge

Supreme Court of the United States

Decided October 30, 1876No. 41PublishedCited by 86 opinions

Error to the Circuit Court of the United- States for the District of Nevada.

1Opinion of the CourtJustice Clifford

Juries, in an action at law for the infringement of a patent, are required to find the actual damages sustained by the plaintiff in consequence of the unlawful acts of the defendant. Power is given to the court, in such a case, to enter judgment for any sum above the amount of the verdict, not 'exceeding three times the amount of the same, together with costs; but the jury are strictly limited in their finding to- the actual damages which the plaintiff has sustained by the -infringement. 16 Stat. 207; 5 id. 123; Rev. Stat., sect.' 4914, p. 960.

Damages are given as a compensation, recompense,…

2Cases cited4 opinions

  1. Seymour v. McCormickSupreme Court of the United States · 1854
  2. Burdell v. DenigSupreme Court of the United States · 1876
  3. Packet Co. v. SicklesSupreme Court of the United States · 1874
  4. Cheang-Kee v. United StatesSupreme Court of the United States · 1866

3Cited by86 opinions

  1. Federal Aviation Administration v. CooperSupreme Court of the United States · 2012
  2. Tilghman v. ProctorSupreme Court of the United States · 1888
  3. Root v. Railway Co.Supreme Court of the United States · 1882
  4. Dowagiac Manufacturing Co. v. Minnesota Moline Plow Co.Supreme Court of the United States · 1915
  5. Swofford v. B & W, Inc.Court of Appeals for the Fifth Circuit · 1964

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