Page:United States Statutes at Large Volume 42 Part 1.djvu/420

 392 six*rY-sEvEN*rH CONGRESS. sm. 11. ou. ss. 1922. cam to issue sub- contested case pending in the Patent Office, shall, upon the applica- £‘Z‘,§‘,$t,,l;°,,,Z‘?.,'E,“'°’ “‘ tion of any party thereto, or of his agent or attorney, issue a su poena for any witness residing or being within such District or Territory, commanding him to appear and  before any officer in such District or Territory authorized to take epositions and aiiidavits at any Provisions zcvem- time and place in the subpmna stated. But no witness shall be rei“" quired to attend at any p ace more than fort miles from the place where the subpoena is served upon him; and tlile provisions of section iz. s.,m mp. its 869 of tliigullevisied Statutes igliztiug to thte;1 isgpance tgpipbppenas duces tecum s ap to contes cases in e atent ce. _¤§éf;iég,¤¤4¤21»v·°52· §nc.b8. Thalilsigcézion 4222 of gable Revised Statutes be, and the same ' is ere ,amene tore asoows: rtmtmmmwmgc- “Sac? 4921. The several courts vested with jurisdiction of cases "‘?§$‘;;,m,,,,,_ arisin under the patent laws shall have power to grant injunetions X0 ·¤=•·v·6°*·¤¤·¤¤¤·  to the course and principles of courts of equity, to revent ` the violation of any right secured by dpatent, on such terms as the court R•¤¤*¤v<>f¤¤¤¤¤¢¤=· may ;leem rgpisonable; anti upon ai ‘ ecree  bigendegzld in any such s case or an rmgement e comp amant s enti to recover, in addition to the lprofits to be accounted for by the defendant, the damages the comp ainant has sustained thereby, and the court shall gfssess tgie samq or cap?] the same hu; behassessedl under iltrlsdirlegigqi onteproosits appeart ttecom ainant s e damage from the infringement or that the ddfendant has realized profits therefrom to whic the complainant is ¥ustly entitled, but that Eqs, mummy ,0 such damages or profits are not susceptible 0 calculation and deter- ¤1¤=¤rmi¤¤¤¤=¤¤n¤.¤¢•= mination with reasonable certainty, the court may, on evidence tending to estabhshlt1h¢;1sam}e,  1tsi dgscrcegsion, lgeceive opinion og expert testimony, w `c is ere y ec ar to e com etent an admissible, subject to the general rules of evidence a plicifble to this character of testimony; an upon such evidence and all other evidence ijifthei record tlhe court may adfjudge and lgecree the payment by tl;5 pmm. e en ant to the comp ainant o a reasona e sum as rofits or ener ,,,*;§{‘e‘§f*¤ °”°° “°* damages for the infringement: Provided, That thisp rovisiogi shall not act pending litigation. And the court shall have the same power to increase suc damages, in its discretion, as is given to Tmmumnmwuou increase the damages found by verdicts in actions in the nature of eee. ’ actions_of trespass upon the case; but in any suit or action brought for the infringement of any patent there shall be no recovery of profits or damages or any infringement committed more than six years before the filing of the bill of complaint or the issuing of the writ in Name to Cmm,S_ suph suit X;13C·l’:Olll; sing this pgovisiopglnalllapkggy Fo exlilsting causes;] of meaeirams. ac ion. 1 s a e the ut o e c er o suc courts wit in one month after the filing of anly action, suit, or proceedin arising Dmm under the patent laws to give notice thereof in writing to the Commissioner of Patents, setting orth in order so far as known the names and addresses of the litigants, names of the inventors, and the designating number or numbers of the patent or patents upon which the action, suit, or proceedingbhas Seen brplughglapiddin th; event any other patent or patents e su sequen y inc u e in the action, suit or proceediplg by amendment, answer, cross bill, or other pleadingfthe clerk sh give like notice thereof to the Commissioner of Patents, acne, ,,,d,,,,,.,,,,,, ,,, and within one month after the decision is rendered or a decree issued $@:;;*;:1 ¤¤ ¤¤·= the clerk of the court shall give notice thereof to the Commissioner ' of Patents, and it shaH be the duty of the Commissioner of Patents on receipt of such notice forthwith to indorse the same upon the file wrapper of the said patent or xplatents and to incorporate the same as a pa.rt_of the contents of said e or file wrapper; and for each notice required to be furnished to the Commissioner of Patents in compliance "°°‘°"°°“°d· herpwith a fee of 50 cents shall be taxed by the clerk as costs of sui.