Page:Federal Reporter, 1st Series, Volume 2.djvu/345

 338 FBDEBAL BEPOBTEE. �forth, to the same estent which the supreme court indicated as proper in Cochrane v. Deener. �Without considering, on the merits, any of the questions of law or faot raised or discussed on the hearing, it resulta from the foregoing views that the demurrer must be sustained, and the petition be dismissed, with costs. ���Campbell v. James and another. {Cireuit Court, 8. D. New York. May 1, 1880.) �Patent — Assignee — Bili. fob Infringement — iNEsnrGEMENTa Bb- POBB AseiGNMENT.— A biU flled by the assignee of a patent for inf ringe- ment thereof set forth the infringement while owned by the assignor, an assignment in hœe verba of the patent to the plaintifl, and " ail the right, interest and claim for and to the past use of said invention and im- provementB under the said letters patent," and, in addition to praying for an injunction and for an increase of damages " in addition to the profits and gains to be accounted for by the defendant," contained a prayer for "such other and further relief as shall be agreeable to equity," M(f, sufflcient to entitle complainant to recover for infringe- ments before, as well as after, the assignment to him. �Bahb — Savino m Cost — Pbofits. — Savings in cost by infringement of patent are recoverable as profits in an action for such infringement. �Bamb — Dbvice UsEptn:, Only to Postai, Department. — The fact that a patented device can be used only in the postal service of the United States will not prevent the recovery of damages by the patentee for an infringement thereof by a postmaster. �Same — LiABiLirr ce Postmastbb Using. — Nor does the fact that the postmaster, who infringed such patent, by making use of such device, turned the moneys saved by its use over to the government, aflect his Personal liability to such patentee for such infringement. �Same — Jubisdiction op Circuit Court. — Circuit courts of the United States have jurisdiction of ail questions arising upon the title to a pat- ent, and to recover for an infringement of it under the laws of the United States. �Same — ^Assignment op. — Ail Interests in patents are assignable in writing. and a purchaser thereof has a right to rely upon the title as appearing from the records of the patent office. �Same — Assignment op Peopertt not Exempt from Sale ow Execution. A conveyance by a party of ail his property, excepting such as is exempt by law from levy and sale under execution, will not pass the title to a patent, though it may operate upon a chose in action for pas* infringement. ����