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United States Patent 4,373,847 Hipp , et al. February 15, 1983 Releasable locking device
A releasable locking device is provided for securing a parked vehicle to an adjacent upright structure. The device includes a first means mounted on the upright structure and a second means mounted on the first means for vertical movement relative thereto between operative and inoperative mode positions. When in an operative mode, the second means is in a raised position and interlockingly engages a portion of the parked vehicle. A third means is provided which releasably retains the second means in an operative mode and prevents accidental movement of the second means from an operative mode position to a lower inoperative mode position. The first means includes guides for restricting movement of the second means to a substantially vertical path.
Inventors: Hipp; Steven J. (Milwaukee, WI); Hahn; Norbert (Cudahy, WI) Assignee: Rite-Hite Corporation (Cudahy, WI) Appl. No.: 260340Filed: May 4, 1981
Proper Compensation
• PP. 1101 et seq: “Property rule” vs. “liability rule”– Injunction vs damages; K vs property
• Majority: Higher damages appropriate here; foreseeable harm to patentee’s market
• Dissent: No, good reasons for lower damages here: (1) Reward for commercialization, not “fallow” inventions; (2) Injury to property right, not market
Grain Processing
• 4 production processes; one (# 4) non-infringing
• “Practically instantaneous” transition from infringing process to noninfringing one
– See why this is important?
• But Process 4 was not actually used . . .
Other damage theories
• Price erosion• Market share rule• Lost sales of related
but unpatented products
• Post-expiration sales
Not just lost sales, but
lower price—because infringer provides
price competition
Larry Solum, USD Law School
Other damage theories
• Price erosion• Market share rule• Lost sales of related
but unpatented products
• Post-expiration sales
Relative market share of patentee relative to
non-infringers
would remain the
same without the infringer.
Other damage theories
• Price erosion• Market share rule• Lost sales of related
but unpatented products
• Post-expiration sales
Components and other
related products which are normally sold with
the patented product.