 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 229by United States. War Department - 1876Full view - About this book
 | Law - 1883 - 572 pages
...other rule can be found; that the defendant's profits became the criterion uf the plaintiffs loss. Actual damages must be actually proved and cannot...any facts which amount not to actual proof of the fact." Accordingly it was held iiiNewYork v. Ransom, 2Я Howard, 487, where the rule in Seymour v.... | |
 | Orlando Bump - Copyright - 1884 - 912 pages
...profits become the criterion of the patentee's loss. Actual damages must be actually proved, and can not 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 ia a question... | |
 | United States. Supreme Court - Law reports, digests, etc - 1888 - 522 pages
...punitive damages is committed to the discretion and judgment of the court. Seymour !'. McCormick 200 3. Actual damages must be actually proved, and cannot...any facts which amount not to actual proof of the fact. Seymour r. McCormick. 200 4. Where an inventor finds it profitable to exercise his monopoly by... | |
 | United States. Supreme Court - Law reports, digests, etc - 1888 - 588 pages
...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. Notes and Citations. ants have saved all... | |
 | William Callyhan Robinson - Patent laws and legislation - 1890 - 952 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... | |
 | Theophilus Parsons - Contracts - 1893 - 974 pages
...used in declaring the decision of the Supreme Court of the United States, in a very important case, " Actual damages must be actually proved, and cannot be assumed as a legal inference from any parts which amount not to actual proof of the fact, "(x) 1 the criterion of the plaintiff's loss."... | |
 | United States. Supreme Court - Law reports, digests, etc - 1894 - 910 pages
...the damages which the patentee has sustained." But this court was of a different opinion, saying : " 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... | |
 | United States. Supreme Court - Law reports, digests, etc - 1901 - 1108 pages
...the damages which the patentee has sustained." But this court was of a different opinion, »aying: "Actual damages must be actually proved, and cannot be assumed as a legal inference frnm any facts which amount not to actual proof of the fact. What a patentee 'would have made, if the... | |
 | Joseph Asbury Joyce, Howard Clifford Joyce - Damages - 1903 - 1046 pages
...profit to the wrongdoer or whether he has gained or lost by his unlawful acts.!l And it is declared that " actual damages must be actually proved, and...legal inference from any facts which amount not to » Root v. LS & M. Southern R. Co., 105 US 244 ; 26 L. Ed. 984, per Mr. Justice Matthews. »Coupe v.... | |
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