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" Actual damages must be actually proved, and cannot be assumed as a legal inference from any facts which amount not to actual proof of the fact. What a patentee " would have made, if the infringer had not interfered with his rights," is a question of fact,... "
Annual Reports of the War Department - Page 229
by United States. War Department - 1876
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Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Volume 57

United States. Supreme Court - Law reports, digests, etc - 1855
...other rule can be found, that the defendant's profits become tie criterion of the plaintiffs loss. Actual damages must be actually proved, and cannot...any facts which amount not to actual proof of the fact. What a patentee " would have made, if the infringer had not interfered with his rights," is a...
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A Treatise on the Law of Patents for Useful Inventions: As Enacted and ...

George Ticknor Curtis - Electronic books - 1867 - 631 pages
...other rule can be found, that the defendant's profits become the criterion of the plaintiff's loss. Actual damages must be actually proved, and cannot...any facts which amount not to actual proof of the fact. What a patentee ' would have made if the infringer had not interfered with his rights,' is a...
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Reports of Decisions in the Supreme Court of the United States ..., Volume 21

United States. Supreme Court, Benjamin Robbins Curtis - Law reports, digests, etc - 1870
...other rule can be found, that the defendant's profits become the criterion of the plaintiff's loss. Actual damages must be actually proved, and cannot...any facts which amount not to actual proof of the fact. What a patentee " would have made, if the infringer had not interfered with his rights," is a...
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Reports of Decisions in the Supreme Court of the United States, Volume 3

United States. Supreme Court, Samuel Freeman Miller - Law reports, digests, etc - 1875
...which to calculate them. It was said, in the case to which we have referred, "actual damages should be actually proved, and cannot be assumed as a legal inference from facts" which afford no data by which they can be calculated. In order to find out the plaintiffs' loss...
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House Documents, Otherwise Publ. as Executive Documents: 13th ..., Volume 12

United States. Congress. House - United States - 1876
...armory and arsenals, who can only act in obedience to the superior authority of the War Department. Where manufactures or use by the United States have...equity, besides the profits that may have accrued to the iiifringer, the complainant is entitled to recover the damages he has sustained, subject to being trebled,...
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Annual Reports ...., Volume 3

United States. War Department - 1877
...the judge at his discretion in favor of the party whose right is infringed. Aud it has been held, (1C How., 480,) that " actual damages must be actually...any facts which amount not to actual proof of the tacts." In equity, besides the profits that may have accrued to the infringer, the complainant is entitled...
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Patent Cases Determined in the Supreme Court of the United States ..., Volume 1

Charles Sidney Whitman - Copyright - 1878
...other rule can be found, that the defendant's profits become the criterion of the plaintiff's loss. Actual damages must be actually proved, and cannot...any facts which amount not to actual proof of the fact. What a patentee " would have made, if the infringer had not interfered with his rights," is a...
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Reports of Cases Argued and Determined in the Circuit Court of ..., Volume 14

United States. Circuit Court (2nd Circuit), Samuel Blatchford - Law reports, digests, etc - 1879 - 24 pages
...the case of Buerk v. Imhaeuser. /Seymour v. McCormick, (16 How., 480.) That Court declared, further, that " actual damages must be actually proved, and...any facts which amount not to actual proof of the fact. "What a patentee would have made, if the infringer had not interfered with his rights, is a question...
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Reports of Patent Causes: Decided in the Circuit Courts of the ..., Volume 2

Hubert Ashley Banning, United States. Circuit Courts - Law reports, digests, etc - 1882
...declared, further, that " actual damages must be actually proved, and cannot 455 Buerk v. Imhaeuser. be assumed as a legal inference from any facts which amount not to actual proof of the fact. What a patentee would have made, if the infringer had not interfered with his rights, is a question...
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Decisions of the Commissioner of Patents and of the United States Courts in ...

United States. Patent Office - Copyright - 1883
...other rule can be found that the defendant's profits become the criterion of the plaintiff's loss. Actual damages must be actually proved, and cannot...any facts which amount not to actual proof of the fact.'' Accordingly, it was held in New York v. Ransom (23 Howard, 487), where the rule in Seymour...
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