 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
 | United States. Supreme Court - Law reports, digests, etc - 1903 - 602 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. In order to find out the plaintiffs' loss... | |
 | Theodore Sedgwick - Damages - 1912 - 902 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. .... The question is not what speculatively he may have lost, but what actually he did lose."... | |
 | New Mexico. Supreme Court, John Abbott, Paul A. F. Walter - Law reports, digests, etc - 1912 - 880 pages
...consider the evidence with reference to the damaged goods. DiPalma v. Weinman, 13 XM 226; 15 NM 68. Actual damages must be actually proved and cannot be assumed as a legal inference. McSherry Co. v. Dowagiac Co., 160 Fed. 948; Seymour v. McCormick, 16 Howard 480 ; Philip v. Nock, 17... | |
 | United States. Supreme Court - Law reports, digests, etc - 1922 - 1044 pages
...at 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 nave made, if the infringer had not interfered with his rights,' is a... | |
 | Law reports, digests, etc - 1922 - 1096 pages
...so proving rested upon the complainant. This burden it did not meet. Actual notice must be«ctually proved, and cannot be assumed as a legal inference...any facts which amount not to actual proof of the fact, and we think that a defendant is not "duly notified," within the meaning of the statute, unless... | |
 | J. N. Claybrook - Law reports, digests, etc - 1927 - 224 pages
...verdict, and an instruction which directed 304 305 (c) Evidence — aa. Necessity of Proving Damages. — Actual damages must be actually proved, and cannot...any facts which amount not to actual proof of the fact.89 bb. Burden of Proof. — In an action for the infringement of letters-patent, damages must... | |
 | United States. Supreme Court - Law reports, digests, etc - 1901 - 1380 pages
...the damages which the patentee ha« 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 bis rights,' is a... | |
 | United States - 1876 - 1092 pages
...And it h vs been held (16 How., 4Й),) that " actual damages must be actually proved, and cannot bo assumed as a legal inference from any facts which...equity, besides the profits that may have accrued to the iufringer, the complainant is entitled to recover the damages he has sustained, subject to being trebled,... | |
 | United States. Patent Office - Copyright - 1876 - 588 pages
...trial in the c:ise of Seymour vs. McCormick, (16 How., 488,491.) That court declared further thatActual damages must be actually proved, and cannot be assumed as a legal inference from ¡iny facts which amount not to actual proof of the fact. What a patentee would have made if the infringer... | |
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