Diamond Drill & Mach. Co. v. Kelley

Citations

• 131 F. 89

Syllabus

<p>1. Patents — Damages fob Infringement — Accounting.</p> <p>On an accounting for damages and profits for infringement of a patent for a manufactured article, defendants cannot be required to account for the profits on machines manufactured and sold by them, to be used by others in making the infringing article, since, while they may be liable as contributory infringers on account of such sales, the infringement itself consisted in the manufacture and sale of the article made on such machines by the purchasers, and the damages recoverable therefor cannot be measured by the profits made on the machines.</p> <p>¶ 1 Accounting by infringer of patent for profits, see note to Brickill v. Mayor, etc., of City of New York, 50 C. C. A. S.</p>