Clark v. Wooster
Citations
- 119 U.S. 322
- 7 S. Ct. 217
- 30 L. Ed. 392
- 1886 U.S. LEXIS 1991
Syllabus
<p>If a'suit in equity to restrain from infringing letters patent and to recover profits and damages be commenced so late that under the rules of the court no injunction can be obtained before the expiration of the patent, the bill should be dismissed for want of equity jurisdiction: but if it be begun in such time that an injunction can be obtained before the expiration of the patent, although only three days remain for it to run, it is within the discretion of the court to take jurisdiction; and if it does so, it may, without enjoining the defendant, proceed to grant the other incidental relief sought.for.</p> <p>This court will not assume, without proof, that a reissue made fourteen years after the issue of the original patent enlarges the original claim, or that it was sought for the purpose of enlarging it. Thomson v. Wooster, 114 U. S. 104, affirmed and applied.</p> <p>Established license fees are the best measure of damages in suits for infringing patents.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that \[t]here may be damages beyond\ licensing fees \but these are more properly the subjects\ of enhanced damage awards
- with regard to patent infringement, established license fees are the most reliable measure of damages
- expiration of the patents does not deprive the court of jurisdiction to grant monetary relief
- “It is a general rule in patent causes that established license fees are the best measure of damages that can be used.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Bradley
Read full opinion on CourtListenerSourced 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.