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CLARK V. WOOSTER, 119 U. S. 322 (1886)

U.S. Supreme Court

Clark v. Wooster, 119 U.S. 322 (1886)

Clark v. Wooster

Argued November 8-9, 1886

Decided December 6, 1886

119 U.S. 322


If a suit in equity to restrain from infringing letters patent and to recover profits and damages be commenced so late that under the rules of the court, no injunction can be obtained before the expiration of the patent, the bill should be dismissed for want of equity jurisdiction; but if it be begun in such time that an injunction can be obtained before the expiration

Page 119 U. S. 323

of the patent, although only three days remain for it to run, it is within the discretion of the court to take jurisdiction, and if it does so, it may, without enjoining the defendant, proceed to grant the other incidental relief sought for.

This Court will not assume without proof that a reissue made fourteen years after the issue of the original patent enlarges the original claim, or that it was sought for the purpose of enlarging it. Thompson v. Wooster, 114 U. S. 104, affirmed and applied.

Established license fees are the best measure of damages in suits for infringing patents.

This was a bill in equity for infringing a patent for an invention. The case is stated in the opinion of the Court.

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