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eBook details

• Title: Jones Et Al. v. Morehead
• Author : United States Supreme Court
• Release Date : January 01, 1863
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 59 KB

Description

got his patent),. $3,123 48 ' latch and keeper,. 1,221 53 "" other parts of the lock,. 4,577 01 "" trimmings,......._4,360 90 $13,282 92 The said Circuit Court, however, was not of this opinion; conceiving that although a patentee might describe his invention as an improvement, still, if the machine constituted a distinct machine,–a specific article known in the market,–on account of its peculiar functions, the measure of damages for infringement was the profit on the whole machine. The view was thus set forth by the judge delivering the opinion of that court: 'The great question recurs: Is this Janus-faced lock a peculiar and distinct machine, introduced into market as a cheaper and better article than other machines without the peculiar characteristic of the patented one? Does the value of the patent to its owners consist in the close monopoly of the right to make and sell this species of lock as one individual machine? Has it peculiar characteristics which distinguish it from other machines of the same genus, and which give it a peculiar value in the market? If so, the complainants have a right to demand that the defendants, having infringed their exclusive right to make and sell this peculiar machine or manufacture, are justly liable to refund all the net profits made by such infringement. If, on the contrary, the patent is for some addition or improvement on an old and well-known implement, or some separate part or device thereof of small importance compared with the whole,–if the license to use the improvement or addition was sold as separate and distinct from the whole machine, the measure of damage would be the price of a license, and not the profit made by the exclusive right to make and sell the whole machine.' [The Circuit Court next stated that Court's idea as to the originality and merits of the invention, and continued]:

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