 Actual damages must be actually proved, and cannot be assumed as a legal inference from any facts which amount not to actual proof of the fact. What a patentee " would have made, if the infringer had not interfered with his rights," is a question of fact,...  Annual Reports of the War Department - Stran 229avtor: United States. War Department - 1876Celotni ogled - O knjigi
 | United States. Supreme Court - 1855 - 702 strani
...other rule can be found, that the defendant's profits become tie criterion of the plaintiffs loss. Actual damages must be actually proved, and cannot...any facts which amount not to actual proof of the fact. What a patentee " would have made, if the infringer had not interfered with his rights," is a... | |
 | George Ticknor Curtis - 1867 - 684 strani
...other rule can be found, that the defendant's profits become the criterion of the plaintiff's loss. Actual damages must be actually proved, and cannot...any facts which amount not to actual proof of the fact. What a patentee ' would have made if the infringer had not interfered with his rights,' is a... | |
 | United States. Supreme Court, Benjamin Robbins Curtis - 1870 - 788 strani
...other rule can be found, that the defendant's profits become the criterion of the plaintiff's loss. Actual damages must be actually proved, and cannot...any facts which amount not to actual proof of the fact. What a patentee " would have made, if the infringer had not interfered with his rights," is a... | |
 | United States. Supreme Court, Samuel Freeman Miller - 1875 - 764 strani
...which to calculate them. It was said, in the case to which we have referred, "actual damages should be actually proved, and cannot be assumed as a legal inference from facts" which afford no data by which they can be calculated. In order to find out the plaintiffs' loss... | |
 | United States. Congress. House - 1876 - 956 strani
...armory and arsenals, who can only act in obedience to the superior authority of the War Department. Where manufactures or use by the United States have...equity, besides the profits that may have accrued to the iiifringer, the complainant is entitled to recover the damages he has sustained, subject to being trebled,... | |
 | United States. War Department - 1877 - 1084 strani
...the judge at his discretion in favor of the party whose right is infringed. Aud it has been held, (1C How., 480,) that " actual damages must be actually...any facts which amount not to actual proof of the tacts." In equity, besides the profits that may have accrued to the infringer, the complainant is entitled... | |
 | Charles Sidney Whitman - 1878 - 1224 strani
...other rule can be found, that the defendant's profits become the criterion of the plaintiff's loss. Actual damages must be actually proved, and cannot...any facts which amount not to actual proof of the fact. What a patentee " would have made, if the infringer had not interfered with his rights," is a... | |
 | United States. Circuit Court (2nd Circuit) - 1879 - 644 strani
...the case of Buerk v. Imhaeuser. /Seymour v. McCormick, (16 How., 480.) That Court declared, further, that " actual damages must be actually proved, and...any facts which amount not to actual proof of the fact. "What a patentee would have made, if the infringer had not interfered with his rights, is a question... | |
 | Hubert Ashley Banning, United States. Circuit Courts - 1882 - 752 strani
...declared, further, that " actual damages must be actually proved, and cannot 455 Buerk v. Imhaeuser. be assumed as a legal inference from any facts which amount not to actual proof of the fact. What a patentee would have made, if the infringer had not interfered with his rights, is a question... | |
 | United States. Patent Office - 1883 - 616 strani
...other rule can be found that the defendant's profits become the criterion of the plaintiff's loss. Actual damages must be actually proved, and cannot...any facts which amount not to actual proof of the fact.'' Accordingly, it was held in New York v. Ransom (23 Howard, 487), where the rule in Seymour... | |
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