Where  the  injury  done  to  a  patentee  by  infringement  is  TJOt  in
the  use  of  his  invention,  but  in  making  use  of  it  without  compen-
sating the  patentee  therefor,  it  being  the  interest  of  the  patentee
that  his  invention  should  be  used  and  adopted  by  all,  the  proper
remedy  is  not  an  injunction  but  an  award  of  damages,  viz  :  the
price  or  value  of  a  license  to  use  it.  Sanders  v.  Logan,  2  Fish.  Pat.
Gas.  167  ;  9  Am.  L.  Reg.  475  ;  2  Pittsh.  241.
On  an  injunction  bill  filed  by  a  patentee,  where  there  is  no  dis-
pute as  to  title,  a  circuit  court  has  power  to  refer  the  case  to  a
master  to  take  and  state  an  account  of  the  profits  made  by  the
defendant  instead  of  sending  it  to  a  court  of  law  to  assess  the  dam-
ages.    Allen  V.  Blunt,  1  Blatchf.  480.
As  the  circuit  courts  have  jurisdiction  of  patent  cases  conferred
upon  them  by  statute,  and  are  not  confined  to  such  jurisdiction  as
is  ancillary  to  that  of  courts  of  law,  the  rule  of  the  English  cases
that  if  an  injunction  is  refused  a  decree  for  an  account  cannot  be
made,  but  that  the  plaintiff  must  sue  at  law,  does  not  apply  in  this


Digitized  by  Microsoft®


KEMEDY  BY  INJUNCTION.  381

country.  Sickles  v.  Gloucester  Manuf.  Co.,  1  Msh.  Pat.  Gas.  222.
S.  P.,  Sanders  v.  Logan,  9  Am.  L.  Beg.  475  ;  2  Fish.  Pat.  Cos.
167  ;  2  Pittsb.  241.
A  circuit  court  has  power  to  enjoin  infringement  of  a  patent,
independently  of  making  award  of  any  other  relief  thereon.  Amer-
ican Cotton  Tie  Supply  Co.  v.  McCready,  17  Blatchf.  291  ;  17
Pat.   Off.  Qaz.  565  ;  4  Bann.  &  A.  Pat.   Gas.  588.
