William Strong

Name: The Tremolo Patent — Opinion of the Court
Author: William Strong

The Tremolo Patent — Opinion of the Court

Summary

“The Tremolo Patent — Opinion of the Court”, is a work by William Strong. It explores elements such as tremolo, general expenses and reissue.

Quotes from The Tremolo Patent — Opinion of the Court (William Strong)

William Strong, The Tremolo Patent — Opinion of the Court

“ The organ with a tremolo attachment is a single piece of mechanism, though composed of many parts. It was bought and sold as a whole by the defendants. It may be said the general expenses of the business would have been the same if any one of these parts had been absent from the instrument sold. If, therefore, in estimating profits, every part is not chargeable with a proportionate share of the expenses, no part can be. But such a result would be an injustice that no one would defend. ”

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Source: Wikisource

William Strong, The Tremolo Patent — Opinion of the Court

“ Any other rule than this would enable an infringer to add patented devices to his instrument, charge extra prices for them, and thereby increase his profit on his instruments by the exact amount of the proportion of his general expenses that his sales of the infringing device bear to his general business. In other words, the more he infringes the more of the general expenses he diverts from the main instrument, and thereby the more profits he makes without being accountable for it. ”

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Source: Wikisource

William Strong, The Tremolo Patent — Opinion of the Court

“ Hitchcock & Co., owners by assignment of a patent to one Carpenter, which had been twice reissued to themselves, filed a bill in the court below against Tremaine and others, vendors of organs generally and other musical instruments, to enjoin their sale of what was known as a 'tremolo attachment,' an appendage sometimes made to organs; the purpose of which is to make a tremolo or vibratory note, preserving at the same time, as far as possible, its smoothness, fulness, and power. ”

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Source: Wikisource

William Strong, The Tremolo Patent — Opinion of the Court

“ For practically the rights of the complainants under the second reissue, and the defendants' infringement thereof were in issue under the answer and the replication. The amendment deprived the defendants of no rights which they had not enjoyed during all the progress of the trial. It may well be denominated only an amendment of form, because it introduced no other cause of action than that which had been tried. It is true that an amendment which changes the character of the bill ought not generally to be allowed after a case has been set for a hearing, and still less after it has been heard. ”

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Source: Wikisource

William Strong, The Tremolo Patent — Opinion of the Court

“ It does not avail the defendants to charge a portion of their general expenses against the tremolo, one member of the combination, for in so doing they take off the exact amount from the other member, the organ. The profit on the whole combination is still equal to the exact amount by which the extra price received by reason of the making of the addition exceeds the amount received for the organ alone. ”

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Source: Wikisource

William Strong, The Tremolo Patent — Opinion of the Court

“ The true rule is, if the infringing devices are an integral part of the whole instrument, without which it is incapable of use, and for which a single charge is made, then in determining profits on a part of the organization general expenses are to be apportioned according to cost, or by some other equitable rule. ”

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Source: Wikisource

William Strong, The Tremolo Patent — Opinion of the Court

“ But when the infringing device is an optional one, used or not at pleasure, and an extra price is charged and received for it when used, the true profit made is the extra sum received for the addition, deducting only such expenses as are incurred by reason of the addition. ”

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Source: Wikisource

William Strong, The Tremolo Patent — Opinion of the Court

“ The amendment even after final decree was properly made.
It is perfectly plain from the statement of the case that all parties, complainants, defendants, and court proceeded upon an assumption that the bill was founded on the reissue No. 3365. To defeat a suit in such a case would be acting quite too technically. ”

William Strong

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Quotes from The Tremolo Patent — Opinion of the Court (William Strong)

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