Summary

Portrait of Stephen Johnson Field Stephen Johnson Field Rude v. Westcott — Opinion of the Court

It is clear that a payment of any sum in settlement of a claim for an alleged infringement cannot be taken as a standard to measure the value of the improvements patented, in determining the damages sustained by the owners of the patent in other cases of infringement. Many considerations other than the value of the improvements patented may induce the payment in such cases. The avoidance of the risk and expense of litigation will always be a potential motive for a settlement.
Source: Wikisource

Portrait of Stephen Johnson Field Stephen Johnson Field Rude v. Westcott — Opinion of the Court

In order that a royalty may be accepted as a measure of damages against an infringer, who is a stranger to the license establishing it, it must be paid or secured before the infringement complained of; it must be paid by such a number of persons as to indicate a general acquiescence in its reasonableness by those who have occasion to use the invention
Source: Wikisource

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