32. Of damages for islfringements. The act of 1836, 14, provides " that whenever, in any action for damages for making, using, or selling the thing whereof the exclusive right is secured by any patent heretofore granted, or by any patent which may here after be granted, a verdict ahall be rendered for the plaintiff in such action, it shall be in the power of the court to render judgment of any sum above the amount found by such verdict as the actual damages sustained by the plaintiff, not exceeding three times the amount thereof, according to the circum atances of the case, with costs. And such damages may be recovered by action on the case in any court of competent jurisdiction, to be brought in the name or names of the person or persons interested, whether as pat entee, assignees, or as grantees of the exclu sive right within and throughout a specified part of' the United States." The actual damage is all that can be allowed by a jury, as contradistinguished from exemplary, vindictive, and punitive dexoages. The amount of defendant's pro fits from the unlawful user is, in general, the measure of the plaintiff's damages ; and this imay be determined by the plaintiff's, price for a license. 11 How. 607 ; 15 id. 546 ; 16 id. 480 ; '20 id'. 198 ; 1 Gall. C. C. 476 ; 1 Blatchf. C. C. 244, 405 ; 2 id. 132, 194, 229, 476. The rule of damages' is different where a patent is only for an improvement on a ma chine and' where it is for an entire machine. 16 How. 480. If there be a mere making and no user proved, the damages should be nominal. 1 Gall. C. C. 476.
33. Jurisdiction of cases under the patent laws. The act of 1836, 17, gives original jurisdiction to the circuit courts of the United States in all cases arising under the laws of the United' States granting exclusive privileges to inventors. This jurisdiction
extends both to law and equity, and is irre spective of the citieenship of the parties or the amount in controversy. The prevailing opinion is that the jurisdiction of the federal courts is exclusive of that of the state courts. 3 N. Y. 9 ; 8 Paige, Ch. N. Y. 132 ; 40 Me. 430. But this is to be underStood of cases arising directly under the acts of congress, and not of those where the patent comes collaterally in question : as, for instance, where it is the subject-matter of a contract or the consideration of a promissory note. 3 McLean, C. C. 525 ; 1 Woodb. & M. C. C. 34 ; 16 Conn. 409. 'Hence, a bill to enforce the specific performance of a contract for the sale of a patent-right is not such a case arising under the patent laws as gives juris diction to tbe federal courts. If/ How. 477. By the act of February 18, 1861, a writ of error or appeal lies to the supreme court of the United States from all judgments or de crees of any circuit court in any suit under the patent la*, without respect to the sum or value in controversy in the action.
The principal authors of works upon the general subjeet are--Curtis, Phillips, and Fessenden, in this country ; Webster, Hind march, Carpmael, Godson, Coryton, Lund, Norman, and Turner, in England ; and Re nouard and Perpigna, in France.
See ABANDONMENT OF INVENTION ; CAVEAT ; COMMISSIONER OF PATENTS ; EXTENSION OF PATENTS ; INFRINGEMENT ; INTERFERENCE ; INVENTION ; MACHINE ; MANUFACTURE ; MOD ELS ; PATENT OFFICE ; PATENT OFFICE, Ex AMINERS IN ; PROCESS ; UTILITY ; WITH DRA1VAL.