Page:Federal Reporter, 1st Series, Volume 8.djvu/601

KBTCHUM HARVESTEB CO. V. JOHNSON. HABVESTEB CD. 587 �ing in the United States, for sale abroad, was valuable, as was shown by the fact that the defendant made in the United States for sale abroad. The plaintiff was entitled to that privilege exclusively, and to damages for its violation. It may be that in the case of manufac- ture in the United States, without sale anywhere, nominal damages only are to be allowed; but where such manufacture is followed by sale abroad, it cannot be said that the damages ought to be only nominal. It is true that the sale is the fruition, and gives the profit, and that the sale is abroad, and the patent does not cover the sale abroad. But the unlawful act of: making is made hurtful by a sale, wherever made. The legal damages for making and selling here may be, in some cases, greater than the legal damages for making here and selling abroad; but to deprive the patentee of all damages for unlawful making here, because the article is sold abroad, is to de- prive him of part of what bis patent secures to him. �The allowance on the concave wheel machines should be for 1,767 niachines, at $5 apiece, being $8,835; and for 4,484 machines sold abroad, at $2.60 apiece, being $11,210. The allowance under the shoe patent should be 98 machines, at $1.50 apiece, being $147, and for 89 machines sold abroad, at. 76 cents 9,piece, being $66.75. �The allowance to the plaintiff of only one-half, on machines sold abroad, of the fee on machines sold here, is very liberal to the defendant. It is all the plaintiff asks, and ia not to be regardedas establishing the rule that the same damages would not be proper for machines sold abroad and for machines sold liero both. being unlaw- fully made. The act of making, in either case, is nee'essary to ena- ble the sale to be made; and, the making being unlawful, it is no injustice to attribute to the unlawful act all the consequences which fiow from it. �The defendant's exceptions are disallowod, with costs, and the plaintiff 's are allowed, with costs, and a decree will be entered for the plaintiff for $20,258.75. ��� �