Profits of a business. The receipts, deducting concurrent expenses; the equivalent of "net receipts." 4 Depreciation of buildings is not ordinarily or necessarily considered in the estimate. Wherever profits are spoken of as not a subject of damages it will be found that something contingent upon future bargains, or speculations, or states of the market, are referred to, and not the difference between the agreed price of something contracted for and its ascertainable value or cost.5 2. In patent law, the rule of damages for an infringement is the amount the infringer actually realized in profits; not what he might have made by reasonable diligence. 6 This amount is estimated by finding the difference between cost and sales. The elements of cost of materials, interest, expense of manufacture and sale, and bad debts, considered by a manufacturer in finding his profits, are taken into account, and no others. Profits due to elements not patentable may sometimes be allowed. Salaries, as dividends of the profit under another name, are disallowed. The wrong-doer is made liable for actual, not for possible, gains. The controlling consideration is that he shall not profit by his own wrong. The rule compensates one party and punishes the other. A decree "for all the profits made in violation of the rights of the complainant under the patent aforesaid, by respondent, by the manufacture, use, or sale of any of the articles named in the bill of complaint," is correct in form." Lindley, Partn. 15; Story, Partn. § 23; 49 Conn. 240, 272; 60 Md. 475; 15 Minn. 519. * Huntington v. Asher, 96 N. Y. 610-14 (1884), cases, Finch, J. * Pierce v. Keator, 70 N. Y. 421-22 (1877), Church, C. J.; 22 Wend. 433; 4 Pick. 145; 5 B. & C. 221; 2 Washb. R. P. 25. Interest upon the various sums is not allowed.¹ In an action at law for the infringement of a patent, the plaintiff can recover a verdict for only the actual damages which he has sustained; and the amount of such royalties or license fees as he has been accustomed to receive for the use of the invention, with interest thereon from the time when they should have been paid, is generally, though not always, taken as the measure of his damages; but the court may, whenever the circumstances of the case appear to require it, inflict punitive damages, by rendering judgment for not more than thrice the amount of the verdict. Upon a bill in equity, the plaintiff is entitled to recover the amount of gains and profits that the defendant has made by the use of the invention. This rule was established by a series of de cisions under the patent act of 1836, which simply conferred upon the courts of the United States general equity jurisdiction, with the power to grant injunctions, in cases arising under the patent laws. The reasons for the rule are, that it comes nearer than any other to doing complete justice; that in equity the profits made by an infringer belong to the patentee; and that it is inconsistent with the ordinary principles and practice of courts of chancery either to permit a wrong-doer to profit by his own wrong or to make no allowance for the expense of conducting his business, or to undertake to punish him by obliging him to pay more than a fair compensation to the person wronged. The infringer is liable for actual, not for possible, gains. The profits, therefore, which he must account for, are not those which he might reasonably have made, but those which he did make, by the use of the invention; or, in other words, the fruits of the advantage which he derived from the use, over what he would have had in using other means then open to the public and adequate to enable him to obtain an equally beneficial result. If there was no such advantage, there can be no decree for profits, and the plaintiff's only remedy is by an action at law for damages. But if the defendant gained an advantage by using the invention, that advantage is the measure of the profits to be accounted for, even if from other causes his business did not result in profits. If, for example, the unauthorized use of a patented process produced a definite saving in the cost of manufacture, he must account for the amount so saved. This application or corollary of the general rule is as well established as the rule itself. The profits allowed in equity have been, and are still, considered as a measure of unliquidated damages, which, as a rule, and in the absence of special circumstances, do not bear interest until after their amount has been judicially ascertained.2 Takes place about the sixteenth week from conception, yet may vary from the tenth to the twenty-fifth week.4 A woman is "quick with child" from the period of conception and the commencement of gestation; and she is "pregnant with a quick child" when the child has become quickened in the womb. 14 Bl. Com. 270; 1 id. 357. * [2 Story, Eq. §§ 826-27; 1 id. § 730. 32 Story, Eq. § 852; 1 Pomeroy, Eq. §§ 246-51; 3 id. § 1394; Holland v. Challen, 110 U. S. 20 (1884), cases; United States v. Wilson, 118 id. 87, 89 (1886); 7 Wall. 15; 3 Ala. 169.