Page:United States Statutes at Large Volume 66.djvu/858

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PUBLIC L,AW 5 9 3 - J U L Y 19, 1952

[66 S T A T.

§ 272. Temporary presence in the United States The use of any invention in any vessel, aircraft or vehicle of any country which affords similar privileges to vessels, aircraft or vehicles of the United States, entering the United States temporarily or accidentally, shall not constitute infringement of any patent, if the invention is used exclusively for the needs of the vessel, aircraft or vehicle and is not sold in or used for the manufacture of anything to be sold in or exported from the United States. CHAPTER 29—REMEDIES FOR INFRINGEMENT OF PATENT, AND OTHER ACTIONS Sec.

281. 282. 283. 284. 285. 286. 287. 288. 289. 290. 291. 292. 293.

Remedy for infringement of patent. Presumption of validity; defenses. Injunction. Damages. Attorney fees. Time limitation on damages. Limitation on damages; marking and notice. Action for infringement of a patent containing an invalid claim. Additional remedy for infringement of design patent. Notice of patent suits. Interfering patents. False marking. Nonresident patentee, service and notice.

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§ 281. Remedy for infringement of patent A patentee shall have remedy by civil action for infringement of iiis patent. §282. Presumption of validity; defenses A patent shall be presumed valid. The burden of establishing invalidity of a patent shall rest on a party asserting it. The following shall be defenses in any action involving the validity or infringement of a patent and shall be pleaded: (1) Noninfringement, absence of liability for infringement or unenforceability, (2) Invalidity of the patent or any claim in suit on any ground specified in part II of this title as a condition for patentability, (3) Invalidity of the patent or any claim in suit for failure to comply with any requirement of sections 112 or 251 of this title, (4) Any other fact or act made a defense by this title. In actions involving the validity or infringement of a patent the party asserting invalidity or noninfringement shall give notice in the pleadings or otherwise in writing to the adverse party at least thirty days before the trial, of the country, number, date, and name of the patentee of any patent, the title, date, and page numbers of any publication to be relied upon as anticipation of the patent in suit or, except in actions in the United States Court of Claims, as showing the state of the art, and the name and address of any person Avho may be relied upon as the prior inventor or as having prior knowledge of or as having previously used or offered for sale the invention of the patent in suit. In the absence of such notice proof of the said matters may not be made at the trial except on such terms as the court requires. § 283. Injunction The several courts having jurisdiction of cases under this title may grant injunctions in accordance with the principles of equity to prevent the violation of any right secured by patent, on such terms as the court deems reasonable.

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