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RUDE V. WESTCOTT, 130 U. S. 152 (1889)

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U.S. Supreme Court

Rude v. Westcott, 130 U.S. 152 (1889)

Rude v. Westcott

No. 187

Argued and submitted March 7, 1889

Decided March 18, 1889

130 U.S. 152

APPEAL FROM THE CIRCUIT COURT OF THE UNITED

STATES FOR THE DISTRICT OF INDIANA

Syllabus

A general and full assignment by a patentee of the letters patent, and all his interest therein, to the full end of the term, and of all reissues, renewals, or extensions, accompanied by a clause that the net profits from sales, royalties, settlements, or any source, are to be divided between the parties, the patentee to receive one-fourth thereof, is a full and absolute transfer of title, and the assignee does not hold the property as trustee for the benefit of the patentee, but is trustee only of one-fourth of the profits which may be received.

The payment of a sum in settlement of a claim for an alleged infringement of letters patent cannot be taken as a standard to measure the value of the improvements patented in determining the damages sustained by the owner of the patent in other cases of infringement.


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