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WAITE v. UNITED STATES

No. 103.

282 U.S. 508 (1931)

WAITE v. UNITED STATES.

Supreme Court of United States.

Decided February 24, 1931.

Attorney(s) appearing for the Case

Messrs. O. Ellery Edwards and Hyman M. Goldstein were on the brief for petitioner.

Solicitor General Thacher, Assistant Attorney General Rugg, and Mr. H. Brian Holland were on the brief for the United States. They conceded that interest should have been allowed.

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...

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