“In fixing damages on a royalty basis against an infringer, the sum allowed should be reasonable and that which would be accepted by a prudent licensee who wished to obtain a license but was not so compelled and a prudent paten-tee, who wished to grant a license but was not so compelled. In other words, the sum allowed should be that amount which a person desiring to use a patented machine and sell its product at a reasonable profit would be willing to pay.”
How later courts described this case
- “In fixing damages on a royalty basis against an infringer, the sum allowed should be reasonable and that which would be accepted by a prudent licensee who wished to obtain a license but was not so compelled and a prudent paten-tee, who wished to grant a license but was not so compelled. In other words, the sum allowed should be that amount which a person desiring to use a patented machine and sell its product at a reasonable profit would be willing to pay.”
- no action for an accounting of profits unless the plaintiff marks or gives actual notice
Written by the judges who cited it.
The opinion
HICKS, Circuit Judge
(dissenting in part).
I think that the concurrent finding of the Master and Court of the amount that should be allowed Horvath as reasonable royalty should be affirmed.