Tilghman v. Proctor

Citations

• 125 U.S. 136
• 8 S. Ct. 894
• 31 L. Ed. 664
• 1888 U.S. LEXIS 1921

Syllabus

<p>One having an interest in all fees and other sums to be recovered under a patent, but not shown to have'any interest, legal or equitable, in the patent itself, need not be made a party to a bill in equity for its infringement.</p> <p>Upon a bill in equity by the owner against infringers of a patent, the plaintiff', although he has established, license fees, is not limited to the amount of such fees, as damages; -but may, instead of damages, recover the amount of gains and profits that the defendants have made by the use of his invention, over what they would have had in using other means then open to the public and adequate to enable them tp obtain an equally beneficial result.</p> <p>Upon a bill in equity for infringing a patent, if the defendants have gained an advantage by using the plaintiff’s invention, that advantage is the measure of the profits to be accounted for, even if from other causes the business in which the invention was employed by the defendants did not result in profits; and if the use of a patented process produced a definite saving in the cost of manufacture, they must account to the patentee for the amount so saved.</p> <p>The liability of infringers of a patent to account to the patentee for all- the profits, gains and sayings, which they have made.by the use of his invention during the whole period of their infringement, is not affected by the fact that in the midst of that period an erroneous decision was made in favor of a distinct infringer, in no way connected with these defendants.</p> <p>The conclusions of a master in chancery, depending upon the weighing of conflicting testimony, hare every reasonable presumption in their favor, ancl are not to be set aside unless there clearly appears to have been error or mistake on his part.</p> <p>In determining the amount of gains ancl profits derived by-infringers of a patent from the use of the invention, over wliat they would have made in'using an old process open to the public, the expense