George Shiras, Jr.,
Warren v. Keep — Opinion of the Court
“ It is, no doubt, well settled that, where a patent is for a particular part of an existing machine, it is not sufficient to ascertain the profits on the whole machine, but it must be shown what portion of the profits is due to the particular invention secured by the patent in suit. ”
George Shiras, Jr.,
Warren v. Keep — Opinion of the Court
“ We are relieved from considering what might be a problem of some difficulty-namely, when a complainant's damages are to be measured by the profits of the defendant, what credit should be allowed to the latter, as a mere agency for producing the patented article, for a so-called 'manufacturer's profit'-by the fact that the defendants, neither before the master nor in the court below, made any claim for such an allowance, or offered any evidence by which it could be estimated. ”
George Shiras, Jr.,
Warren v. Keep — Opinion of the Court
“ But it is equally true that where the patented invention is for a new article of manufacture, which is sold separately, the patentee is entitled to damages arising from the manufacture and sale of the entire article. ”
