Head v. Porter’s Empirical Analysis

Citation profile

1 federal appellate ·

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In ease of the death of the plaintiff, a bill in equity for the infringement of a patent does not abate, but may be prosecuted to final judgment' by his representatives. • * * “Profits are the gains or savings made by the wrongdoer by the invasion of the complainant’s property right in his patent. They are the direct pecuniary benefits received, and are capable of a definite measurement. Calling them the ‘measure of damages in equity’ does not mean that they are the same as damages in an action at law. They are clearly not the same. ‘Profits in equity are the gain, or saving, or both, which the defendant has made by employing the infringing invention. This gain or saving is a fact. It is an actual pecuniary benefit which has resulted directly from the defendant’s wrongful use of the plaintiff’s property, which he has had and enjoyed, and to which, on equitable theories, the plaintiff is entitled.’ 3 Rob. Pat. § 1062, note 7, par. 3. At law damages may include profits, but they also include other elements necessary to make up the actual loss, and to give full compensation to the injured party. They may be still further increased by way of punishment for the wrong. But equity, unless by statute, exacts nothing by way of loss or punishment from the wrongdoer except his actual gains. “The general rule that personal actions die with the person does not apply where property is acquired which benefits the testator. * * * “A patent is an incorporeal property right in an invention, c”

   1 later decision quote this exact passage · from the majority
   e.g. Pathe Exchange, Inc. v. Dalke