James Clark McReynolds

“ By plain language, the duty to give notice of infringement is imposed without limitation upon 'all patentees, and their assigns and legal representatives.' Then the statute proceeds and imposes this upon 'all persons making or vending any patented article for or under them.' The duty to give notice is required, not only of patentees and their assigns and legal representatives, but also the duty is imposed upon all persons making or vending under them. ”

“ Obviously, but not section 4900, a patentee might recover for all damages suffered through infringement without giving prior actual notice to the infringer. That section subtracts something and creates an exception.
If respondent's position is correct, process patents and patents under which nothing has been manufactured may be secretly infringed with impunity, notwithstanding injury to owners guilty of no neglect. Only plain language could convince us of such an intent.
The idea of a tangible article proclaiming its own character runs through this and related provisions. ”

“ That in all cases where an article is made or vended by any person under the protection of letters-patent, it shall be the duty of such person to give sufficient notice to the public that said article is so patented, either by fixing thereon the word patented, together with the day and year the patent was granted ”