Morrison Waite

“ The total amount of profits arising from the use of all the machines, infringing and non-infringing, was settled, and the judgment of the courts was that the profits had properly been estimated by comparing the cost of mending on the machines with the cost of mending on a common anvil. ”

“ It is every-day practice to revive such suits, and the books are full of cases in which this has been silently done, no one apparently entertaining a doubt of its propriety.
The decree in each of the cases is affirmed. ”

“ As a general rule a patentee is not entitled to interest on profits made by an infringer. The reason is that profits are regarded in the light of unliquidated damages, (Parks v. Booth, 102 U.S. 106,) but in many of the cases it is said that circumstances may arise in which it would be proper to add interest. Mowry v. Whitney, 14 Wall. 653; Littlefield v. Perry, 21 Wall. 230. Here, as has been seen, in effect, the original decrees rendered in July, 1874, were affirmed in 1876, to the extent of the present recoveries. ”