Summary

Portrait of Samuel Freeman Miller Samuel Freeman Miller Packet Company v. Sickles (86 U.S. 611…

Certainly any unnecessary relaxation of the rule we have laid down in cases at law, where the patentee has been in the habit of selling his invention or license to use it, so that a fair deduction can be made as to the value which he and those using it have established for it, does not commend itself to our judgment, nor is it encouraged by our experience.
Source: Wikisource

Portrait of Samuel Freeman Miller Samuel Freeman Miller Packet Company v. Sickles (86 U.S. 611…

The defendants in various forms prayed the court to instruct the jury that the measure of damages was the established rate for the license to use their invention, as ascertained by the sales made by plaintiffs of such license to others. If this was the true rule of estimating the damage the bill of exceptions shows that a sufficient number of such licenses, and the prices at which they were granted, were in evidence to enable the jury to apply the principle to the case before them.
Source: Wikisource

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