Roth v. Harris

Citations

• 197 F. 929
• 1912 U.S. Dist. LEXIS 1507

Syllabus

<p>1. Patents (§ 318*) — Infringement—Profits Recoverable.</p> <p>Although a patent is for an improvement only, the owner may be entitled on an accounting to recover the profits made by an infringer from the manufacture and sale of the entire structure containing such improvement, where the latter is of paramount and controlling importance in giving market value to the structure as a whole, by converting what was before unsalable at a profit into a commercial success with ready sale at a large profit; and In such case it is immaterial that the actual cost of the structure aside from the improvement is much greater than that of the patented device.</p> <p>[Ed. Note.- — For other cases, see Patents, Cent. Dig. §§ 566-576; Dee. Dig. § 318.*]</p> <p>2. Patents (§ 312*) — Infringement—Accounting for Profits — Burden o» Proof.</p> <p>Where, on an accounting for infringement of an improvement patent, complainant has proved the receipt of profits by defendant from the manufacture and' sale of the improved structure, and that defendant has so kept its books that the profits realized from the patented and unpatented features cannot be separated, 'defendant has the burden of proof to make such separation, or it will be charged with all the profits.</p> <p>[Ed. Note. — For other cases, see Patents, Cent. Dig. §§ 543-549; Dec. Dig. § 312.*]</p> <p>3. Patents (§ 312*) — Infringement—Accounting fob Profits.</p> <p>An infringer of the Hobart patent, No. 765,240, for a tune-sheet attachment for piano players, held chargeable on an accounting, under the evidence, with all the profits made from the manufacture and sale of pianos containing the patented device.</p> <p>[Ed. Note. — For other cases, see Patents, Cent. Dig. §§ 543-549; Dec. Dig. § 312.*</p> <p>Accounting by infringer for profits, see note to Brickill v. Mayor, etc., . of City of New York, 50 C. C. A. 8.]</p>