United States v. Frischholz

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that the proper measure of damages is the injury to patentee rather than the government’s taken benefit
• noting the Crozier Court's adoption of Justice Harlan's takings theory in Schillinger
• award of compensation made on unpatented replacement anodes part of patent value where patented “battery’s very uniqueness ... lies in replacing anodes to be recharged”
• award of compensation made on unpatented replacement anodes part of patent value where patented \battery's very uniqueness ... lies in replacing anodes to be recharged\
• “There is, however, no attempt in s. 1498, as we construe it, to authorize uncompensated expropriation of patents____”
• “When the government has infringed, it is deemed to have ‘taken’ [a] patent license under an emi- nent domain theory.”

Source: CourtListener parenthetical corpus (CC0).