WARREN V. KEEP, 155 U. S. 265 (1894)

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U.S. Supreme Court

Warren v. Keep, 155 U.S. 265 (1894)

Warren v. Keep

No. 60

Argued and submitted November 8, 1894

Decided December 8, 1894

155 U.S. 265


This Court will not reverse the conclusions of the master, sustained by the court below, upon the extent of the infringement of a patent when the evidence is conflicting unless some obvious error or mistake is pointed out.

Where a patent is for a particular part of an existing machine, it is necessary, in order to establish a claim for substantial damages for infringement, to show what portion of the profits is due to the particular invention secured by the patent in suit; but when the patented invention is for a new article of manufacture, the patentee is entitled to damages arising from the manufacture and sale of the entire article.

The defendants not having set up in the court below a claim for an allowance of manufacturer's profits, or offered evidence by which it could be estimated, there is no foundation on which to base such a claim in this Court.

The case is stated in the opinion.

Page 155 U. S. 266

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