Beckwith v. Malleable Iron Range Co.

Citations

• 195 F. 291
• 1912 U.S. Dist. LEXIS 1635

Syllabus

<p>1. Patents (§ 318*)—Suit foe Infringement—Accounting—Measure of Profits Recoverable.</p> <p>Where a patent is for a separable improvement on an old device, on an accounting by an infringer the patentee must clearly separate defendant’s profits and his own damages between the patented and the unpatentod features by showing that defendant made profits or sales by the use of the patented improvement which he would not have made by the use of any other device open to him.</p> <p>[Ed. Note.—-For other eases, see Patents, Gent. Dig. §§ 566-576; Dec. Dig. § 318.*</p> <p>Accounting by infringer for profits, see note to Briekill v. Mayor, etc., of Oity of New York, 50 G. O. A. 8.]</p> <p>2. Patents (§ 318*)—Suit for Infringement—Accounting by Infringer.</p> <p>On such an accounting, in which the burden of proof rests on complainant, the defendant cannot be required to furnish at its own expense, where such expense would be great, detailed statements containing all the information required to prove complainant’s case. Equity rule 79, respecting ordinary accounting between debtor and creditor, is not applicable to such case.</p> <p>[Ed. Note.—For other eases, see Patents, Gent. Dig. §§ 566-576; Dec. Dig. § 318.*]</p>