 ... upon a decree being rendered in any such case for an infringement the complainant shall be entitled to recover, in addition to the profits to be accounted for by the defendant, the damages the complainant has sustained thereby ; and the court shall...  Bulletin of the Pan American Union - Page 174by Pan American Union - 1905Full view - About this book
 | Lorenzo Smith Boswell Sawyer, United States. Circuit Court (9th Circuit) - District courts - 1882 - 718 pages
...otherwise. The statute provides that "upon a decree being rendered in any such case for an infringement, the complainant shall be entitled to recover, in addition...defendant, the damages the complainant has sustained." (E. 8., sec. 4921.) This is an express statutory recognition of the different measures of recovery... | |
 | Hubert Ashley Banning, United States. Circuit Courts, Henry Arden - Law reports, digests, etc - 1882 - 730 pages
...otherwise. The statute provides that, " upon a decree bein^ rendered in any such case for an infringement, the complainant shall be entitled to recover, in addition...defendant, the damages the complainant has sustained." Rev. Stats., § 4,921. This is an express statutory recognition of the different measures of recovery... | |
 | Hubert Ashley Banning, United States. Circuit Courts - Law reports, digests, etc - 1882 - 752 pages
...252 10. In applying the provision of the statute, that, in a suit in equity, the court may award, " in addition to the profits to be accounted for by...the damages the complainant has sustained thereby," it is pertinent to inquire how the owner of the patent has seen fit to use his invention. He may retain... | |
 | Law - 1883 - 572 pages
...decree being rendered in any such case for an infringement— as though that was the only one — that the complainant shall be entitled to recover, in addition...the damages the complainant has sustained thereby. It is impossible, we think, to maintain the claim that the language of this act. similar in thai respect... | |
 | United States. Patent Office - Copyright - 1883 - 616 pages
...decree being rendered iu any such case for an infringement — as though that was the only one —that the complainant shall be entitled to recover, in addition...the profits to be accounted for by the defendant, tlie damages the complainant has sustained thereby. It is impossible, we think, to maintain the claim... | |
 | Orlando Bump - Copyright - 1884 - 912 pages
...the court may deem reasonable; and upon a decree being rendered in any such case for an infringement, the complainant shall be entitled to recover, in addition...cause the same to be assessed under its direction. And the court shall have the same power to increase such damages, in its discretion, as is given to... | |
 | United States. Supreme Court - Law reports, digests, etc - 1885 - 792 pages
...infringement of a patent, the plaintiff may, on a decree in his favor, recover the damages he has sustained, in addition to the profits to be accounted for by the defendant, such damages to be assessed by the court, or under its direction, and with the same power to increase... | |
 | United States. Circuit Court (2nd Circuit) - Law reports, digests, etc - 1886 - 642 pages
...Furnace Company. reasonable ; and, upon a decree being rendered in any such case for an infringement, the complainant shall be entitled to recover, in addition...cause the same to be assessed under its direction. Not only, as is suggested in Root v. Railway Co., (105 US, 189, 206,) does the language of § 4,921... | |
 | United States. Patent Office - Copyright - 1886 - 614 pages
...infringement of a patent the plaintiff may, on a decree in his favor, recover the damages he has sustained in addition to the profits to be accounted for by the defendant, such damages to be assessed by the court, or under its direction, and with the same power to increase>the... | |
 | Electronic journals - 1908 - 714 pages
...Stat.,§492i, enlarges the equity remedy, by entitling the complainant to recover the damages he has sustained "in addition to the profits to be accounted for by the defendant " Under this provision, compensatory damages fixed by license fees were awarded a complainant, it appearing... | |
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