12 REPORT OF THE PATENT COMMITTEE 



I think also that general damages by way of a reasonable royalty or 

 otherwise should not be awarded unless it appeared that actual damages 

 or actual profits due to the unlawful use of the invention could not be 

 determined and that there should not be any language in the Statute 

 which implied that no effort be made to determine such actual damages 

 and profits. FREDERICK P. FISH. 



65 TH CONGRESS, 

 1ST SESSION. 



H. R. 5011 



IN THE HOUSE or REPRESENTATIVES 

 JUNE 13, 1917 



MR. CHARLES B. SMITH introduced the following bill; which was referred to the 

 Committee on the Judiciary and ordered to be printed 



A BILL 



To establish a United States Court of Patent Appeals, and for other purposes. 



Be it enacted by the Senate and House of Representatives of the United States 

 of America in Congress assembled, That there is hereby created a United States 

 Court of Patent Appeals, which shall consist of seven judges, of whom five 

 shall constitute a quorum, and shall be a court of record with jurisdiction as is 

 hereinafter limited and established. Such court shall prescribe the form and 

 style of its seal and the forms of its writs and other process and procedure as 

 may be conformable to the exercise of its jurisdiction as shall be conferred by 

 law. It shall have the appointment of the marshal of the court, who shall have 

 the same powers and perform the same duties under the regulations of the 

 court as are now provided for the marshal of the Supreme Court of the United 

 States, so far as the same may be applicable. The court shall also appoint a 

 clerk, who shall have the same powers and perform the same duties now 

 possessed and performed by the clerk of the Supreme Court of the United 

 States, so far as the same may be applicable. The salary of the marshal of 

 the court shall be $3,500 a year, and the salary of the clerk shall be $5,000 a 

 year, both to be paid monthly in twelve equal payments. The costs and 

 fees now provided by law in the Supreme Court of the United States shall be 

 the costs and fees in the United States Court of Patent Appeals ; and the same 

 shall be collected, expended, accounted for, and paid over to the Treasury De- 

 partment of the United States in the same manner as is provided by law in 

 respect to the costs and fees in the Supreme Court of the United States. The 

 court shall have power to establish all needful rules and regulations for the 

 conduct of its business within its jurisdiction as conferred by law. 



SEC. 2. That the President of the United States, by and with the advice and 

 consent of the Senate, shall appoint a chief justice of said United States Court 



