Coupe v. Royer

Citations

• 155 U.S. 565
• 15 S. Ct. 199
• 39 L. Ed. 263
• 1895 U.S. LEXIS 2106

Syllabus

<p>In letters patent No. 77,920, granted to Herman Royer and Louis Royer, May 12, 1868, for “ an improved machine for treating hides,” the first claim, viz., for “ a vertical shaft,” and the second claim, viz., for a “ grooved weight,” are restricted to a shaft and crib in a vertical position, and to a weight operating by the force of gravity aided by pressure; and they cannot be extended so as to include shafts and cribs in a horizontal position, and pressure upon the hides by means of false Heads,..actuated and controlled by gearing wheels, springs, and a crank.</p> <p>In jury trials in actions for the infringement of letters patent, it is the province of the court, when the defence denies that the invention used by the defendant is identical with that included in the -plaintiffs patent, to define the patented invention, as indicated by the language of the claims; and it is the province of the jury to determine whether the invention so defined covers the art or article employed by the defendant.</p> <p>The measure of recovery in a suit in equity for such infringement is the gains and profits made by-the infringer, and such further damage as the proof Shows that the complainant sustained in addition to such gains and profits; but in an action at law the damages are measured only by the extent of the plaintiffs loss, as proved by the evidence, and, when the evidence discloses the existence of no license fee, no impairment of the plaintiffs market, no damages of any kind, the jury should be instructed, if they'find for the plaintiff, to find nominal damages only.</p>