The Law of Patents And Patent Practice in the Patent Office And the Federal Courts : With Rules And Forms

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790T.
Dam!a.gb6 in EQtriTT. 589 in equity, and damages only being imposed as the rem- edy at law.^®^ Section 55 of that act gave to courts of equity the power to award or multiply damages, in addi- tion to the accountiag of profits.*** The legislative pur- pose in this enactment was to provide for a complete and adequate remedy in equity, in those cases where the defendant could not be shown to have made any profit,®"" and in the cases where the defendant's proven profits were manifestly inadeq
...uate compensation to the com- plainant.*'^ § 418. Damages in equity — How proven.
The general rule is that damages in equity may be proven just as in actions at law. They may be awarded even in the absence of any proof as to the defendant's profits.**^ An established royalty is a proper standard by which to measure the damages,*** and it may be proven by licensing contracts made during the pendency of the case.*" The complainant may invoke his own profits on the patented article as a basis for the assessment of damages.


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