Waite v. United States

Decision Date24 February 1931
Docket NumberNo. 103,103
Citation51 S.Ct. 227,282 U.S. 508,75 L.Ed. 494
PartiesWAITE v. UNITED STATES
CourtU.S. Supreme Court

Messrs. O. Ellery Edwards, of New York City, and Hyman M. Goldstein and Joseph W. Cox, both of Washington, D. C., for petitioner.

Messrs. Thomas D. Thacher, Sol. Gen., of Washington, D. C., Charles B. Rugg. Asst. Atty. Gen., and Claude R. Branch, of Providence, R. I., Bradley B. Gilman, of Worcester, Mass., Percy M. Cox and W. Marvin Smith, both of Washington, D. C., and H. Brian Holland, of Philadelphia, Pa., for the United States.

Mr. Justice HOLMES delivered the opinion of the Court.

This is a suit under the Act of July 1, 1918, c. 114, 40 Stat. 704, 705, U. S. Code, title 35, § 68 (35 USCA § 68), to recover for the unlicensed use of a patented invention. The liability of the United States is established by the findings of the Court of Claims and is not disputed. Neither is there any dispute that the profits that the plaintiff would have made are a proper measure of the damages suffered. The Court of Claims, however, ruled that interest should not be allowed upon the amount so fixed, and a writ of certiorari was granted by this Court upon that question. 282 U. S. 817, 51 S. Ct. 21, 75 L. Ed. —.

The Government, without formally confessing error, states its belief that interest should have been allowed. The statute grants 'recovery of his reasonable and entire compensation for such use.' We are of opinion that interest should be allowed in order to make the compensation 'entire.' In addition to the purpose of the word adverted to in Richmond Screw Anchor Co. v. United States, 275 U. S. 331, 343, 48 S. Ct. 194, 72 L. Ed. 303, we cannot doubt that it was intended to accomplish complete justice as between the plaintiff and the United States. See Seaboard Air Line R. Co. v. United States, 261 U. S. 299, 43 S. Ct. 354, 67 L. Ed. 664; Brooks-Scanlon Corporation v. United States, 265 U. S. 106, 44 S. Ct. 471, 68 L. Ed. 934; Liggett & Myers Tobacco Co. v. United States, 274 U. S. 215, 47 S. Ct. 581, 71 L. Ed. 1006; Phelps v. United States, 274 U. S. 341, 47 S. Ct. 611, 71 L. Ed. 1083.

Judgment reversed.

To continue reading

Request your trial
37 cases
  • Wickham Contracting Co., Inc. v. Local Union No. 3, Intern. Broth. of Elec. Workers, AFL-CIO
    • United States
    • U.S. Court of Appeals — Second Circuit
    • 29 January 1992
    ...(1933) (suit under takings clause of Fifth Amendment; interest viewed as part of "just compensation"); Waite v. United States, 282 U.S. 508, 509, 51 S.Ct. 227, 227, 75 L.Ed. 494 (1931) (patent law infringement suit; interest viewed as part of "entire compensation" to which statute referred)......
  • Tektronix, Inc. v. United States
    • United States
    • U.S. Claims Court
    • 23 March 1977
    ...667, 5 U.S.P.Q. 332 (1930), and Waite v. United States, 69 Ct.Cl. 153, 4 U.S.P.Q. 387 (1930), rev'd on other grounds, 282 U.S. 508, 51 S.Ct. 227, 75 L.Ed. 494 (1931). As to the second category, plaintiff concedes a lost-profit theory is inapplicable and contends that compensation must be de......
  • Lighting Ballast Control, LLC v. Philips Electronics North America Corp.
    • United States
    • U.S. District Court — Northern District of Texas
    • 26 August 2011
    ...as he would have been in had the infringer entered into a reasonable royalty agreement.” Id. (citing Waite v. United States, 282 U.S. 508, 509, 51 S.Ct. 227, 75 L.Ed. 494 (1931)). “An award of interest from the time that the royalty payments would have been received merely serves to make th......
  • Polaroid Corp. v. Offerman
    • United States
    • North Carolina Supreme Court
    • 4 December 1998
    ...use of the money between the time of the infringement and the date of the judgment. Id.; see also Waite v. United States, 282 U.S. 508, 509, 51 S.Ct. 227, 227, 75 L.Ed. 494, 495 (1931). Thus, United States Supreme Court jurisprudence demonstrates that an infringed-upon patentee's recovery o......
  • Request a trial to view additional results
1 books & journal articles

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT