Waite v. United States
Opinion
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, 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 cer-tiorari was granted by this Court upon that question.
The Government, without formally confessing error, states its. belief that interest should have been allowed.
*509 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 , we cannot doubt that it was intended to accomplish complete justice as between the plaintiff and the United States. See Seaboard Air Line Ry. Co.
v. United States, 261 U. S. 299 .
Brooks-Scanlon Corp.
v. United States, 265 U. S. 106 .
Liggett & Myers Tobacco Co.
v. United States, 274 U. S. 215 .
Phelps v. United States, 274 U. S. 341 .
Judgment reversed.
How later courts describe this case
Explanatory parentheticals written by citing courts — 7 in all; the most informative distinct ones are shown.
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(holding that where patent owner had been awarded unliquidated damages for patent infringement in the form of lost profits, an award of prejudgment interest was necessary “to make the compensation ‘entire” ’ and to ensure “complete justice” between the parties)
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(allowing interest on damages for unlicensed Government use of a patented invention)
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(patent law infringement suit; interest viewed as part of “entire compensation” to which statute referred)
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(presumption in favor of prejudgment interest in patent law)
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(addressing a patent infringement suit against the United States)
Cited by 50 cases
View all citing references →- U.S. Supreme Court2
- U.S. Courts of Appeals8
- Federal District Courts4
- Federal Specialty Courts30
- State Highest Courts5
- State Appellate Courts1
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