William Seymour and Dayton Morgan, Plaintiffs In Error v. Cyrus McCormick
Decision Date | 01 December 1853 |
Citation | 57 U.S. 480,16 How. 480,14 L.Ed. 1024 |
Parties | WILLIAM H. SEYMOUR AND DAYTON S. MORGAN, PLAINTIFFS IN ERROR, v. CYRUS H. MCCORMICK |
Court | U.S. Supreme Court |
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Westinghouse Electric & Mfg. Co. v. Wagner Electric & Mfg. Co.
...attached to an old operative and successful corn sheller to facilitate the movement of the corn into the sheller, and in Seymour v. McCormick, 16 How. 480, 14 L.Ed. 1024, where the improvement was a driver's seat upon operative and successful harvesting machine, the profits from the sale or......
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Rogers v. Loether
...language, whether the damages should be increased (up to a maximum of three times the actual damages). See Seymour v. McCormick, 57 U.S. 480, 488-489, 16 How. 480, 14 L.Ed. 1024; Swofford v. B. & W., Inc., 336 F.2d 406 (5th Cir. 1964), cert. denied, 379 U.S. 962, 85 S.Ct. 653, 13 L.Ed.2d 55......
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Rite-Hite Corp. v. Kelley Co., Inc.
...has been entitled to recover actual damages at law since the beginning of the nineteenth century. See Seymour v. McCormick, 57 U.S. (16 How.) 480, 488-89, 14 L.Ed. 1024 (1853), for a review of the 1836 Act and earlier statutory provisions. See also Irah H. Donner, BIC Leisure v. Windsurfing......
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Berkey Photo, Inc. v. Eastman Kodak Co.
...specifically, treble damages, in civil cases, to be assessed by the court, not the jury, is no novelty. See Seymour v. McCormick, 57 U.S. (16 How.) 487-88, 14 L.Ed. 1024 (1853). Nor is the principle affected by the large size of the verdict in this case against a self-described "giant." It ......
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Chapter §20.05 Enhanced Damages and Willful Infringement
...willfully," and that in Stryker v. Zimmer, the "jury found that Zimmer had willfully infringed Stryker's patents. . . .").[812] 16 How. 480, 488, 14 L. Ed. 1024 (1854).[813] Seymour, 16 How. at 489 (emphasis added).[814] See infra §20.05[G][4] ("Post-Halo Federal Circuit Decisions on Willfu......
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Application of Patent Law Damages Analysis to Trade Secret Misappropriation Claims: Apportionment, Alternatives, and Other Common Limitations on Damages
...is made equal to the whole, and "actual damages" to the plaintiff may be converted into an unlimited series of penalties on the defendant. 57 U.S. 480, 490-91 111. See, e.g., Del Mar Avionics, Inc. v. Quinton Instrument Co., 836 F.2d 1320, 1327 (Fed. Cir. 1987) (discussing entire market val......
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Who Determines What Is Egregious? Judge or Jury: Enhanced Damages After Halo v. Pulse
...2014).24. Halo, 136 S. Ct. at 1928.25. See id. (discussing the difference between the Patent Act of 1793 and 1836); Seymour v. McCormick, 57 U.S. 480, 488-89 (1853) (discussing the changes to enhanced damages between The Patent Act of 1790, The Patent Act of 1793, and The Patent Act of 1836......
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End of the Parallel Between Patent Law's Section 284 Willfulness and Section 285 Exceptional Case Analysis
...Highmark Inc. v. Allcare Health Mgmt. Sys., Inc., 134 S. Ct. 1744, 1749 (2014). 27. 35 U.S.C. § 284 (2012). 28. See Seymour v. McCormick, 57 U.S. 480, 488 (1853) (suggesting that a discretionary increase in damages under the 1836 Act should be reserved only for "the wanton and malicious pir......
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