The Law of Patents for Useful Inventions, Volume 3Little, Brown, 1890 |
Contents
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Common terms and phrases
18 Blatch 20 Blatch 9 Blatch abandonment acquiescence admissible alleged answer application assignee assignor averment Bann bill Bissell Bond burden of proof Circuit court claims Clifford costs court of equity damages decision decree defendant defendant's dence denied device disclaimer estopped estoppel exclusive existence experts expired facie evidence fact Federal courts fendant filed Fisher former fringement Goodyear granted ground Holmes identity infringement injunction will issue inventive act inventor judgment jurisdiction jury license fee Mach machine matter McLean ment Middlings Purifier monopoly notes notice novelty original owner parties Patent Laws Patent Office patented invention persons Phila plaintiff plea pleadings practice Preliminary Injunction presumption prima facie prior patent profits proved question R. R. Co re-issue remedy res adjudicata Robb rule Sawyer sell Singer Mfg statute sufficient suit sustained testimony tion trial unless validity vention verdict Vulcanite witnesses Yale Lock Mfg
Popular passages
Page 201 - ... the practice, pleadings, and forms and modes of proceeding existing at the time in like causes in the courts of record of the state within which such circuit or district courts are held, any rule of court to the contrary notwithstanding,
Page 410 - That the Circuit Courts of the United States shall have original cognizance, as well in equity as at law, of all actions, suits, controversies, and cases, arising under any law of the United States, granting or confirming to authors or inventors the exclusive right to their respective writings, inventions, and discoveries...
Page 175 - Office; and thereupon the said patent shall have the same effect in law as though it had 'been originally granted for the term of twenty-one years...
Page 319 - Compensatory damages and actual damages mean the same thing; that is, that the damages shall be the result of the injury alleged and proved, and that the amount awarded shall be precisely commensurate with the injury suffered, neither more nor less, whether the injury be to the person or estate of the complaining party. 2 Greenl. Ev. (10th ed.) sect. 253.
Page 202 - That for the purpose of deceiving the public, the description and specification filed by the patentee in the patent office was made to contain less than the whole truth relative to his invention or discovery; or more than is necessary to produce the desired effect ; or, Second.
Page 158 - Office a written description of the same, and of the manner and process of making, constructing, compounding, and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art or science to which it appertains, or with which it is most nearly connected, to make, construct, compound, and use the same...
Page 103 - ... is a copy of the thing described in the specification of the patentee, either without variation, or with such variations as are consistent with its being in substance the same thing. If the invention of the patentee be a machine, it will be infringed by a machine which incorporates in its structure and operation the substance of the invention ; that is, by an arrangement of mechanism which performs the same service or -produces the same effect in the same way, or substantially the same way.
Page 225 - The true test of the interest of a witness is, that he will either gain or lose by the direct legal operation and effect of the judgment, or that the record will be legal evidence for or against him in some other action.
Page 349 - ... loss. Actual damages must be actually proved, and cannot be assumed as a legal inference from any facts which amount not to actual proof of the fact.
Page 202 - ... or more than two years prior to his application, and not in public use or on sale in this country for more than two years...