Two patents were held valid and infringed. The first patent was for an invention for improvements in a process for manufacturing horse-shoe nails designed to avoid blanks, from which the nails were made, from being obstructed during movement towards two rolls. The second related to a mechanism for punching out nails from blanks and for producing the blanks.
Held: The measure of damages will then normally be the profit which would have been realised by the owner of the patent if the sales had been made by him.
Lord Macnaughton
13 AC 401, (1888) 5 RPC 260
England and Wales
Updated: 05 September 2021; Ref: scu.179763