Boesch v. Graff

Citations

• 133 U.S. 697
• 10 S. Ct. 378
• 33 L. Ed. 787
• 1890 U.S. LEXIS 1942

Syllabus

<p>The refusal of a circuit court to grant a rehearing is not subject to review here.</p> <p>S., by an assignment absolute in form and for an expressed sum and “other valuable considerations,” assigned to G. an interest in letters patent. G., by a writing executed the following day, made a further agreement with S. as to .the times and modes and amounts of payments, and further agreed that if he should fail to carry out his said agreements, the title was to revert to S.; Held, that the transfer was absolute, subject to be defeated by failure to perform the condition subsequent.</p> <p>When an invention patented in a foreign country is also patented in .the United States, articles containing it cannot be imported into the United States from the foréign country and sold here without the license or consent of the owner of the United.States patent, although purchased in the foreign country from a person authorized to sell them.</p> <p>To a master’s report upon the damages to be awarded in an equity suit ■ . for the infringement of letters patent the exceptions raised the points: (1), that the infringement was not wilful; (2) /that the reduction in price of the article ■ manufactured by the plaintiff was not solely due to the'. infringement; Held, that this was sufficient to bring before the court the whole subject of the computation of damages.</p> <p>When a plaintiff in a suit for the •infringement of letters patent seeks to ' recover because he has been compelled to lower his prices in order to compete with the infringing defendant, he must either show that the reduction was due solely to the defendant’s acts, or to what extent it was due to them, and must, furnish data by which actual damages may be calculated:</p>