Warren v. Keep

Citations

• 155 U.S. 265
• 15 S. Ct. 83
• 39 L. Ed. 144
• 1894 U.S. LEXIS 2271

Syllabus

<p>This court will not reversa the conclusions of the master, sustained by the court below, upon the extent of the infringement of a patent, when the evidence is conflicting, unless some obvious error or mistake is pointed out.</p> <p>Where a patent is for a particular part of an existing machine, it is necessary, in order to establish a claim for substantial damages for infringement, to show what portion of the profits is due to the particular invention secured by the patent in suit ; but when the patented invention is for a new article of manufacture, the patentee is entitled to damages arising from the manufacture and sale of the entire article.</p> <p>The defendants not having set up in the court below a claim for an allowance of manufacturer’s profits, or offered evidence by which it could be estimated, there is no foundation on which to base such a claim in this court.</p>