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" But, as the patent had been kept a close monopoly, there was no established royalty. In that situation it was permissible to show the value by proving what would have been a reasonable royalty, considering the nature 'of the invention, its utility and... "
Decisions of the Commissioner of Patents and of the United States Courts in ... - Trang 325
bởi United States. Patent Office - 1916
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The Supreme Court Reporter, Tập 35

1915 - 982 trang
...established royalty the value of what was taken by infringing sales of a patented machine may be shown by proving what would have been a reasonable royalty,...and advantages, and the extent of the use involved. [Ed. Note.— Fbr^>ther cases, see Patents, Cent. Dig. S§ 644-549 ; Dec. Dig. § 312.*] PATENTS (§...

United States Reports: Cases Adjudged in the Supreme Court at ..., Tập 235

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1915 - 860 trang
...and this may be shown by proof of an established royalty, if there be such, and, if not, by proof of what would have been a reasonable royalty, considering...and advantages, and the extent of the use involved. Coupe v. Royer, 155 US 565, explained. The right conferred by a patent under our law is confined to...

Federal Statutes Annotated: Patents to Porto Rico

United States - 1918 - 1320 trang
...indicative of the value of what was taken, and therefore as affording a basis for measuring the damages. But, as the patent had been kept a close monopoly,...considering the nature of the invention, its utility ana advantages, and the extent of the use involved. Not improbably such proof was more difficult to...

United States Circuit Courts of Appeals Reports: With Key-number Annotations ...

1919 - 740 trang
...Ct. 224, 59 L. Ed. 398, when speaking of a patent that had been kept in close monopoly, it was said: "In that situation it was permissible to show the...and advantages, and the extent of the use involved." And see Hunt Co. v. Cassiday, 64 Fed. 5S5, 586-7, 12 CCA 316 (CCA 9); Cassidy v. Hunt (CC) 75 Fed....

Personnel of the Patent Office. Hearing ... on H.R. 11984

United States. Congress. Senate. Com. on patents - 1920 - 54 trang
...looked like a 6-cent judgment, did it not ? " No," said the Supreme Court. This is what the court said : In that situation it was permissible to show the value...and advantages, and the extent of the use involved. Why do you need a statute to get that for the patentee ? Senator BRANDEGEE. Do you mind being interrupted...

Harvard Law Review, Tập 36

1923 - 1144 trang
...Supreme Court in Dowagiac Mfg. Co. v. Minnesota Plow Co., 19 in which Mr. Justice Van Devanter said: "In that situation it was permissible to show the...and advantages, and the extent of the use involved." 20 The nature of the evidence which may be given in support of a reasonable royalty is indicated by...

The Federal Reporter, Tập 275

1922 - 1084 trang
...basis for an assessment of damages on lost sales, the master was told to assess damages by ascertaining "what would have been a reasonable royalty, consid•ering...and advantages, and the extent of the use involved." Dowagiac, etc., Co. v. Minnesota, etc., Co., 235 US 648, 35 Sup. Ct. 221, 224 (59 L. Ed. 398). No assignment...

The Federal Reporter

1926 - 1112 trang
...Case; and nopoly, and there was no established royalty, the method of computation by us approved it is "permissible to show the value by proving what would...and advantages, and the extent of the use involved." But we think any reader of that ruling decision will say that what turned the scale in favor of liberality...

Cases Argued and Decided in the Supreme Court of the United States ..., Tập 59

United States. Supreme Court - 1926 - 1502 trang
...established royalty the value of what was taken by infringing sales of a patented machine may be shown by proving what would have been a reasonable royalty,...and advantages, and the extent of the use involved. [For other oases, see Evidence, XI. g. In Digest Sup. Ct. 1908.] Patents — infringement — ealee...

Patents: From the Article on this Subject in the Encyclopedia of United ...

J. N. Claybrook - 1927 - 224 trang
...established royalty the value of what was taken by infringing sales of a patented machinery may be shown by proving what would have been a reasonable royalty,...utility and advantages, and the extent of the use involved.63* (6) When Decrees for Nominal Damages Only Will Pc Reversed for Further Hearing. — Decrees...




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