Page:United States Statutes at Large Volume 44 Part 1.djvu/1185

 ` *· i '» x · ? 1171 _ .‘ TITLE 35.--I `·{=|‘4H§*t_      _           Qtr- e (·gm>tol1¤<·es of the ¢¤¤?» ¤»0¢~ ¢¥¢®ding.t;oree timw the  c r {gf Seen verdict. teiétlwf with  costs. (l1._S._ i 4919,) _ · . [ eg, Sai; for unliecmd use of feyatin by the Unitenl ·< Saeteo; ¢0hPGi\58u0l for; Govexument enphyeu.-——·Whe¤ever t oe i»··.~onliee described in and oovered by ll puteet l ot the c {‘¤1i_ae¤x`· States shall m ixsed or mamztactored by or for the i I'-llililli States without license of the owner thereof or lnivfql t —mm` to   or manufacture the same, such *0WHGI?S remedy 1 Qimii he by sagit against the United States in the Court of . t '{(t$1i!1iS·fUf the recovery of his reasonable ood eutlre compeqsa- t sam mr such use ood manufacture; 'lflne Court of Claims_shaH· i go: enuermiu o suit or award compensation under- the provi- l gum- of this section where the claim for compensation lo based <e§l·{$H’ use or monufqctiare by or for the United Sthtes otany S 3o·1a··l1r manned, l@ed, used by, erin the‘ possmion ot the < ihized Smteoprior to June 25,,1910. Iujany suclr suit the- c r11i1.1r11 stetes may avail itself ot any and. all defenses, gen-_ ¢ q¤mi_,01‘ special, that might be pleaded. by- a defendant tu an < e$‘·sio§l for infringement, las set forth lu this cl1o.pter,'or?other-_ _* emo, The beuems of the“m·ovisl0us of- this section‘sl1all_uot § imgre to any `patentee Whofwheu he makes such claim, is in‘ I me employment or service of the Goverhmentiof. the United " _Sz;ul·s. or the assigéee of any such patexitee. This- hectiou SHED 1
 * 1.1; apply tooo? deviee discovered or inrented by suchgem·

1.M.·t·é during the time pfjlnis employment orlservittc.- (June°25, ‘ imo, <·. —123,·36 Stat. 851; July -1, -1918,*c; 114, 40 Stat. 705.). < 69. Pleading proof in actien8_for‘i1;fri¤gement.-irln ‘miy I amen for infringement the defendant may plead-the geineral " iexm aud, having gitreu notice ii: wrlting to theplainfift or ' aes etmmey. thirty days before, may- prove on trial orly one ·0r` ‘ emgw of the following special matters; . ‘ _ Q Y · rl ·‘ l·‘i:·»1·:·irti<m and sfiéci§eati011 Bled by the potentee in the Patent "I tsiiw was made to contour less than the whole trpth relative E to his invention or discovery, or more than is necessary to pro- I {hue {hQ_d0S{1’€fL].'€m(3{,’t§ 0;*, — - U _.  Q ‘ ‘ { { f~¥rc¤,•utl. Tlmthe had surreotitionisly or unjustly obtained the  1»e:ret for that which wes, in _"fuct_ix1vented by another, who A mas a1si1ig‘-_reasonable`diligenge lh adopting and` perfecting the  $<21lll€*; Ol', ~ _ _ l . ' . ” 1 Tllird. That it has been patented or described in_ some printed. ‘ ‘ pe3»1ie1i1i<»o‘ prior to llis supposed `iuveution or discovery thereof, 1 or ware than two years prior. to his- application for a 'pateut -1 th:·rel’0r; 01-, . _ · ·· _ .e e ~ ° . Fiiurtlx. That he véas not the original and first inventor or V, dieeeyerer or any moteriul ond substahtlal part ;0f‘ the thing, p;at1.·anted;10r,, _ N , · , — ‘ . -_ _ v 1 l‘ifth.~ That it had been la public use or on sule ln. this coun- 1 ivy for more thou two years before his application for *8 patelit, ° 1 `<·r_l1e¢l.l>een abandoned to the public. (  .   j ' And in notice; as to proof of previous invention, knowledge, 3 pr use of the thing patented, the éeiexfdant shall zstote the ‘liHll§QS"0f_·th€ mteutees and the data of their patents, and when ~ smmteil, and the name; and residences of the persons allege<l_ 1 We here invented or to have bod the prior knowledge of the thing 1 l»a_tente1l, oodwhere and by whom lit had been used: and it oily 1 mw or morelbf the special matters alleged shall be found for `1 the defendemt, judgment Qshall be rendered for him with costa. 1 And the like defenses may be pleaded lu ouy suit iu? equity for 1 relief against onjalleged infringement; and proofs of the same .1 may be giwjen upon like gwtlce in the answer of the defemlo.¤t:, 1 ¢¤¤d,witla the like ofreetf (R. S. § 4920; Mar. 3, 1@7,’c. 39l» G 2; `1 23 Stat.692,) ._ ‘ _ ·» . ~ ? 1 76. Powerof courts to grant lniuoctioes had utimate dam- 1 ages; ;eee§s@e¤t of dagages and proité; increase, of dom-·` 1 ages; limitation on recovery of dhmazesor promo; notice to ·

wrmvrs. § 7,1 ’ Fvismimioncr of suits Elcd a¤§de¢rees rendered.-——The several zourts vested with jurisdiction ot cases arising under the patent " awa shall share power to grant injunction: according to the rourse and principlm `of courts tot equity, to prevent the x¥iota· court may deem reasonable; and upon a decree being `rendered n .· any such. cam for an infringement the complainant shall xeentltled to recoyer, in addition to the pronts to be accounted For by- the defendantg the damage the complainant has susrained thereby; and : the court shall nsw, thetsame or cause _t shall appear that the complainant has ·sn¤ered-damage {rom heréfrom to jwhich the, complainant is  entitled, but that such damages or proiits. are not susceptible of calculation and; létermination with reasonable certainty, the court may, on evi-, lcnce tending to establish the same, ni its discretion, receive ` minion ori expert testimony, which is hereby declared. to be competent and admissible,. subject to the general .. rum .ot evidence applicable to this character otltmtimony; and upon auch `.evidénce·_and all other evidence in the record the court · nay--adjudgefand decree th? Dilymenbby the defendant to the zomplainant of a reasonable sum as pronté or general damages for the infringement. The court shall have the same power to increase' such damages, in its discretion, as is given to in- érease the damages found hy verdicts-inactions -in_ thelnature it actions of trespass upon the caw;.hutin any suit or action brought for`._the infringement of any intent there shall he no —. recovery of profits or damages for any infringement committed more than six years heforei the Bling of the hill of complaint pr' the issuing of the wrif; in such suit-or action. ” And? it shall ae theduty of the clerks ot such courts within one month after the filing of- any action, suit, or proceeding arming under the patent laws to give notice thereof in writing to the Commis- sioner ot Patents, setting forth nr order so far as hewn the rm mes and addresses tot. the litigants, names ot the inrentors, md the designating number or_ numbers of the patent or patents upon which the action, suit, ·_ or proceeding has been wrought, and in the event any other patent `orpatents be sublscqucntly-included in the action, suit, or proceeding. hy amend-0 ment, answer, cross hill, oi other pleading, the clerk- shall give like notice thereof to the Commissioner of `Patents, and within one month after the decision is rendered or a decree issued the clerk of the court shall _. give notice thereof to the Commissioner ot[Patents,__and it shall be the duty of the Commissioner of Patents on receipt of such notice forthwith to indorse the same upon the me wrapper of the said ·-patent or patents andto incorporate the same as a partot- the contents of said ` me or Ble wrapper; and for each notice `required to be fur- _ nlshed to the Commissioner of Patents in compliance herewith _ a fee of 50 cents shall be taxed by the clerk as costs of suit. · (R. S. 5 $921; Mar. 3, l897,·c."%1, 5 6J 29 Stat. 691; ,Feb. 18, . li}22, c. 58, 5 S, 42 Statl @2.) ‘ 1 " ·  , 71. Suit for infringemmxt where specincatien too broad.·-- Whenever, through inadvertence, accident, or ‘mistake,· and _ without any willful default or intent to defraud or mislead the public, ·a patentee has, in his specification, claimed to be the original and tirstinventor or discoverernt any `niaterint or sulSstnxztial'part_ot the thing. patented, ot which he. was not the original and first»° inventor or. tliscoverer, »every` such patentee, his executors,.aclniinistrators, andassigns, whether of the whole or 'any sectional interest in- the patent, may innintain a suit at law or in equity, for the infringement of any part thereof, which was bona fide his town, if it is a material and substantial part of the thing patented, and definitely distinguishable from the'partsYclaimcd_ without right, notwithstanding the spo¢;·iti<·ati<>11s*`niuy cnnbmce_ more than that of which the patentec was the tirst inventor or_ discos{ex·er.~ But:
 * ion of any right secured by patent, on such terms as the
 * he same {to be assessed under its direction. If on the proofs
 * he infringement nor that the defendant. has realized pronts `