Page:Federal Reporter, 1st Series, Volume 4.djvu/470

 456 FEDERAL REPORTES, �Francis Forhes, for plaintiff, �Furman Sheppard, for defendant. �Blatchford, g. J. The bill in this case is filed for the înfrmgement of a patent. It charges that the defendant has infringed by making, using, and selling the invention patented, which is an "improvement in show-cards for embroidery." The infringement is alleged to have been committed in this district and elsewhere in the United States. The bill prays for the payment of the profits made by the defendant from the infringement, and of the damages sustained by the plain- tiff therefrom, and for an injunction against the defendant restraining him from making, using, or vending any show- cards containing said improvement. �The defendant has interposed a plea to the bill, and ît has been set down for argument and argued. It sets forth that the defendant has been and is employed by the persons com- posing the firm of Loeb & Schoenfeld, which firm is engaged in business in Philadelphia, within the jurisdiction of the circuit court of the United States for the eastern district of Pennsylvania, such persons being resident at Philadelphia; that his business is to visit divers places and exhibit to buy- ers samples of the goods made by said firm, and solicit offers or orders for the purchase of such goods ; that such orders or offers, -when received by him, are transmitted by him to the said firm in Philadelphia ; that said firm, in case the offers or orders are satiefactory to it as respects price, the solvency or pecuniary ability of the proposed buyers, the terms and conditions of the proposed purchase, and other particulars, accepts the same, makes the sale, supplies the goods, charges them to the proposed buyer, and renders to him directly a bill for the same ; that the defendant in such case reeeives a com- mission on the amount of the sale ; that if the order or offer ia not satisfactory, it is declined by the firm and no sale is made, and the defendant reeeives no commissions; and thathe has not in any other way made or sold show-cards for embroidery containing the patented invention. j^ The plea also sets forth (2) that before the bill in this suit ����