Page:United States Statutes at Large Volume 18 Part 1.djvu/1024

 952 'I`rr1.i·1 1.x.—~PATENTS AND COPYRIGH'1`S.—Cr1. 1. Piwlins and Sec. 4920. In any action for infringement the defendant may plead 1"?‘?fl"“°“°“”f°‘” the general issue, and havinfg given notice in writing to the plaintiff or HT "°g°HEllf . his attorney, thirty days be ore, may prove on trial any one or more of U¤l*l·»S·6LP-208- the following special matters: " B l ,, DQ l{§,.(l ,.Q First. That for the purpose of deceivingrthe public the description and Putnam, 8 Wall., specification tiled by the patentee in the atent—Of1ice was ma e to con- 9 \\ all., 437; Col·  .. . ., .• . . . I { , . _. more than is necessaiv to piodure the desued effect, or, €l1( El` l. (1llHll.ll .1 , , ° . . • . 11 lll,,ll.l,_ 212; becond. lhat he had surreptitiously or ungustly obtained the patent l.`nio11 Papclr-I·:a,<Q for that which was in fact invented by another, who was using reason- 5}¤<‘hi¤¢* C"- F- able diligence in adapting and pcrfect1n(g the same; or, §4gY'%kL1Rl“{$`l;· Third. That it had been (patented or escribed in some printed publi- C0},,,, l Cl,) "l2 cation prior to his suppose invention or discovery thereof; or, Blatch., 225; An- F ourth. That he was not the original and iirst inventor or discoverer <l1‘€W¤ *‘- ($3*11]**], of any material and substantial part of the thing patented; or, lgelilgffxylndlgi Fifth. That it had been in public use or on sale in this country for ,._ lllgglm, lé more than two years before his application for a patent, or had been Blatchi,:s-19;John- abandpned to the public. f f k 1 d f Mm ·‘- `3=¤‘¤¤¤¤ Gt An in notices as to roo o revious invention, now e ge, or use o &;)}i(Qle°°jl"#  the thing patented, thl; defendlint shall state the names of patentees CO,,€’§Sa“Q’ gll_ and lthe datgs of their patipts, gud ghen grantgug and th; name; myd resitenceso the persons a eve to ave invcn e, ori o ave a e prior knowlcd e of the thing npatented, and where and by whom it had been used; and if any one or more of the special matters alleged shall be found for the defendant, judgment shall be rendered for im with costs. And the like defenses may he pleaded in any suit in equity for relief a inst an alleged infringement; and proofs of the same may be given upon liilae notice in the answer of the defendant, and with the like effect. Power of courts Sec. 4021. The several courts vested with jurisdiction of cases arising tp ivan! i¤\i¤¤¤- under the patent laws shall have power to grant injunctions according Hgshzagél €*‘t""a°" to the course and principles of courts of equity, to prevent the violation h-._g .i .-- s of any right secured by patent, on such terms as the court may deem mébid., s. 55, p. regsonable; anelhupon aslecreetbcpnlg yendeyejl gut any such case gpiyan - - __ in `rin ement, e comp ainan . s a e en i e 0 recover, in a 1 ion Woodworth U- to theigprofiysil to beupcccsiuplted {for byl tghle defergdaipththe damgges the ·· . ._ com ainan as sus me ere r; an e cour s a assess c same ll€»l"il`.sg§  or cdlise the same to be assessed under its direction. And the court §¤;0¤._ll How-, shall have the same power to increase such damages, in its discretion, as is given toincrease the damages found by verdicts in actions in the llowq 546; ’S€v_ nature of actions of trespass upon the case. moi? r. Igl<·Cor1iii)gkh16 Hgxy, $149; Deaprr. Ilgasop,   C<(p£pp1ration ogw Ul" I'. HHSOIU, ... OVY., I} .1 OOTB?}. . HFS, I 3. .,0 O' I' V an l'. · 9 \\'ml.,k7B§4é llrl{oyry \V1lQitney¥}l4 Vigil., 6393 Ngtclkll  §IIavyl4eyi):l)g3(€all;tpl44; ’. A l . Q - Sll '. VC », O . ., Q1}. rkliilgirils, 3OlVood. &a)I.,, 120; llsobilworlth Z Weed, 1 Blatch., 165; Allen v. lhtlunt, 1 “‘*"""·§“€LQ"3““   S‘“"i'Ei2aLB‘3§°“r.?2‘“i ‘*"‘i?.$5“b‘L$" ?°l£i;.}.’E"“§%"‘ VPS] I'. ll l` ll] HV, ., Q B. D I'. ; ., Q O ‘. ltllyln,6 Blatch§033€aOgle riI·1ge§4“\\£s;;i.,  Iflllauk r.&i;1nii{at,·tprigngdCcl;r(?>>a(§iy,h3 '.'. '· ·.‘l l ,'; sn"., n,; - raiie lylledhgr, SEOU? tl)80e;yl{umf(dr<l gl’l9llllC8.lu€V¥)lll{B vdlileedrker, lcl Blatch., (dh2; Hockholzer r. Eager, 2 Saw., 361; Smith r. Pryor, 2 Saw., 461. Snitforinfringe- Size. 4922. Whenever, through inadvertence, accident, or mistake, and meptw_here¤pe<·¤fi- without any willful default or intent to defraud or mislead the public, a "‘**‘°“‘f’E"“‘l; patentee has, in his spcéciiication, claimed to be this origingl and llirst s July, 1870, c. inventor or discoverer o any material or substantia part o the t ing ?30» 8- W V- 16» P- patented, of which he was not the original and first inventor or discov- 1)%;.; erer, ever · such patentee, his executors, administrators, and assigns, O’R€illyvlM<>¤‘¤€, whether of, the whole or any sectional interest in the atent, may main- ,,,lck_l9'll(,,,._ lm; which was bona tide his own, if it is a. material and substantial part of Silsby r. Foote, 20 the thing patented, and definitely distinguishable from the parts claimed HW'-. 378;V¤¤¢¢ without right, notwithstanding the specifications may embrace more _';·2(‘T"‘Q€$‘flgtllBh_· than_that of which the patentee was the first inventor or discoverer. St0né'1S£Orv’273; But in every such case in which a judgment or decree shall be rendered Reed e-. Cutter, 1 for the plaintid no costs shall be recovered unless the proper disclaimer
 * 2% Wlrq "· Allin tain less than the whole truth relative to his invention or discovery, or
 * i’0£°lf··";€g·lgl; tain a suit at law or in equity, for the infringement of) any part thereof.