Page:Federal Reporter, 1st Series, Volume 3.djvu/573

 566 FEDERAL REPORTER. �BuBDETT ». EsTKT and others. {Oireuit Court, D. Vermont. , 1880.) �1. Patent — Profits. — The profita of a patented invention consist of the �difference between cost and yield. Bubber Co. v. Ooodyear, 9 Wall. 788. �2. Bame — Samb— Infringement. — ^The infringer of a patented invention �is liable to account for profits, altliougli he might have employed some other contrivance to nearly or quite the same profit. Elizaheth v. The Pavement Go. 97 U. B. 126. �S. Bamk — Same — Prodtjct. — Where the subject of the invention ia a prod- uct, the profits upon such product will be allowed. �4. Same — Same. — Where no profits have accrued by the use of such prod- �uct, no profits will be decreed upon account of such infringement. �5. Same— Same— Damages — Rbv. St. S 4921. — In such case damages may �be had under section 4921 of the Kevised Statutes, where sufilcient basis can be furnisbed upon whicb to flnd such damages. �6. Aiîtbdated Patent — Profits— Act of March 2, 1861, j 16 — Aor of �JULT 4, 1836, § 8.— The act of March 2, 1861, } 16, providing that ail patents should remain in force for the term of 17 years from the date of issue, is subject to the provisions of the act of July 4, 1836, providing that the applicant for a patent could bave it take date from the time of filing the specification and drawings, but not more than six months prior to the actual issue ; therefore, where a patent was issued under the act of 1861, but antedated in accordance with the provisions of the act of 1836, an infringer of such patent is liable to account for ail prof- its actually received from the use of the invention after the time to which the patent was antedated. �7. Infkdsgbmbnt — Mistakb. — An infringement willbe treatedas dellber- �ate and intentional where the infringer knew of the patent inf ringed, but erroneously supposed that another patent owned by the infringer covered the right to use the invention. �8. Same — Profits — Intbrbst. — Profits derived from the infringement of �a patent bear intereat from the time they were wrongfully detained. �In Equity. �Charles B. Stoughton, Edward J. Phelps, J. M. Tyler, and Kittredge Harkins, for orator. �Dickerson e Brennan and Charles N. Davenport, for defend- ants. �Wheelee, D. j. This cause has now been heard upon the master's report, and exceptions thereto. The patent is for an ����