Skip to main content
· 12/8/1884

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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.