“ As the exclusive right conferred by the patent was property, and the infringement was a tortious taking of a part of that property, the normal measure of damages was the value of what was taken. So, had the plaintiff pursued a course of granting licenses to others to deal in articles embodying the invention, the established royalty could have been proved as indicative of the value of what was taken , and therefore as affording a basis for measuring the damages. ”

“ We have here to review two decrees dealing with an accounting of profits and an assessment of damages resulting from the infringement of a patent granted February 10, 1891, for certain 'new and useful improvements in grain drills, commonly known as 'shoe drills." The suits wherein these decrees were rendered were both brought by the same plaintiff, but were against different defendants, charged with separate infringement. The plaintiff, besides owning the patent, was manufacturing and selling drills embodying the patented improvements ”

“ Co. supra (p. 615) : 'In such case, if plaintiff's patent only created a part of the profits, he is only entitled to recover that part of the net gains.' In the nature of things the profits pertaining to the patented improvements had to be ascertained before they could be recovered by the plaintiff, and therefore it was required to take the initiative in presenting evidence looking to an apportionment. ”