Birdsell v. Shaliol
Citations
- 112 U.S. 485
- 5 S. Ct. 244
- 28 L. Ed. 768
- 1884 U.S. LEXIS 1900
Syllabus
<p>Judgment for and payment of nominal damages' upon a bill in equity by a pat- ■ entee, without joining Ms licensee, against one who has made and sold a machine in violation of the patent, are no bar to a bill in equity by the patentee and licensee together, for' the benefit of the licensee, against another person who afterwards uses the same machine.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “In the case of infringement, the liability of infringers arises out of their own wrongful invasion of his rights.”
- “In the case of infringement, the liability of infringers arises out of their own wrongful invasion of his rights.”
- “[A]n infringer does not, by paying damages for making and using a machine in infringement of a patent, acquire any right himself to the future use of the machine. On the contrary, he may, in addition to the payment of damages for past infringement, be restrained ... from further use.... ”
Source: CourtListener parenthetical corpus (CC0).
Judges: Gray
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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