Samuel Freeman Miller

“ Second, Profits are not the primary or true criterion of damages for infringement in an action at law. That rule applies eminently and mainly to cases in equiry, and is based upon the idea that the infringer shall be converted into a trustee, as to those profits, for the owner of the patent which he infringes,-a principle which it is very difficult to apply in a trial before a jury, but quite appropriate on a reference to a master, who can examine defendant's books and papers, and examine him on oath, as well as all his clerks and employees. ”

“ First, In cases where profits are the proper measure, it is the profits which the infringer makes, or ought to make, which govern, and not the profits which plaintiff can show that he might have made. ”

“ Evidence was given tending to prove that plaintiff had advertised to sell their machines, and had actually sold a shopright to use one of them for twelve dollars and fifty cents, and had given a verbal license to another person to use an old machine in his house for five dollars, but afterwards refused to sell or license for Franklin County, and told defendants they desired to retain the use of the machine as a close monopoly. ”