Samuel Blatchford

“ It does not evade the force of the principle governing the case that, in arriving at the percentage of profits made by the plaintiffs on their sales, the cost was made up by computing all the items which entered into the production of their carpets. The objection is to taking the whole of that profit as the measure of damages, on the assumption that the whole of it was due solely to the design, and on the further assumption that the plaintiffs would have sold of their higher grade carpets a quantity equal to the cheaper lower grade carpets sold by the defendants. ”

“ Exception is taken to the form of the interlocutory decree, in that, while it awards a recovery for the profits and damages from the infringement of the design, it orders an account to be taken of the profits of the defendants from infringing upon the exclusive rights of the plaintiffs 'by the manufacture, use, and sale of carpeting bearing said patented design,' and of the additional damages suffered by the plaintiffs 'by reason of said infringements.' We do not think the decree is open to the objection made. ”

“ I claim as my invention the configuration of the design hereunto annexed, when applied to carpeting.' The photographic illustration is a six-inch square, containing a single figure or design. The only defense set up in the answer is non-infringement. Issue being joined, proofs were taken, and the case was heard, and in April, 1876, a decree was made finding that the patent was valid, and had been infringed, and awarding to the plaintiffs costs, an account of profits and damages before a master, and a perpetual injunction. ”