Joseph P. Bradley

“ The third point, as to the measure of damages, and the want of proof thereof, is equally untenable. It is a general rule in patent causes that established license fees are the best measure of damages that can be used. There may be damages beyond this, such as the expense and trouble the plaintiff has been put to by the defendant, and any special inconvenience he has suffered from the wrongful acts of the defendant; but these are more properly the subjects of allowance by the court under the authority given to it to increase the damages. ”

“ We see no illegality in the manner of its exercise in this case. The jurisdiction had attached, and although, after it attached, the principal ground for issuing an injunction may have ceased to exist by the expiration of the patent, yet there might be other grounds for the writ, arising from the possession by the defendants of folding guides illegally made or procured while the patent was in force. The general allegations of the bill were sufficiently comprehensive to meet such a case. ”

“ Upon this reference the parties entered into a stipulation before the master, by which the defendants admitted that they had purchased and disposed of 15,000 folding guides covered by the decree, and in consideration thereof the complainant waived all further testimony as to profits received by the defendants therefrom, and agreed to rely on proof of damages in place of profits. The complainant adduced evidence to show that he had an established license fee of 10 cents for each folding guide purchased or disposed of, and has granted licenses at that rate to divers sewing-machine companies. ”