Page:United States Statutes at Large Volume 16.djvu/241

FORTY-FIRST CONGRESS. Sess. II. Ch. 230. 1870. 207 Sec. 56. And be it further enacted, That a writ of error or appeal to lvms °f °"°* the Supreme Court of the United States shall lie from all judgments and gg.: decrees of any circuit court, or of any district court exercising the juris- of the United diction of a circuit court, or of the supreme court of the District of Colum- S*°“°*· bia'or of any Territory, in any action, suit, controversy, or case, at law or in equity, touching patent rights, in the same manner and under the same circumstances as in other judgments and decrees of such circuit courts, without regard to the sum or value in controversy. Sec. 57. And be it further enacted, That written or printed copies of Written, &c. any records, books, papers, or drawings belonging to the patent office, g’pl°S if p;‘,l’°"* and of letters-patent under the signature of the commissioner or acting hiffitilgiiirssaior commissioner, with the seal of office affixed, shall be competent evidence the °°mml¤· in all cases wherein the originals could be evidence, and any person making ;;Q°;t;,z%§;£` application therefor, and paying the fee required by law, shall have certi- when, &c. fied copies thorcofl And copies of the specifications and drawings of for- Wh'? ""ml°d eign letters-patent, certified in like manner, shall be prima facie evidence toiligzigieq,. of the fact oi' the granting of such foreign letters-patent, and of the date tm-P¤¤¤¤*· and contents thereofl Sec. 58. And be it further enacted, That whenever there shall be in— suitsinyegard terfering patents, any person interested in any one of such interferingpab t;€;:°;f°¤"g ents, or in the working of the invention claimed under either of such P patents, may have relief against the interfering patentee, and all parties interested under him, by suit in equity against the owners of the interfering patent ; and the court having cognizance thereof, as hereinbefore Either patent provided, on notice to adverse parties, and other due proceedings had mtg l§d°°i°·"°d according to the course of equity, may adjudge and declare either of the vm ’ c` patents void in whole or in part, or inoperative, or invalid in any particular part of the United States, according to the interest of the parties in the patent or the invention patented. But no such judgment or adjudication _Right¤ of pet'- shall affect the rights ofany person except the parties to the suit and those :f;g}‘;;·‘;°g__ deriving title under them subsequent to the rendition of such judgment. ed. Sec. 59. And be vftfurther enacted, That damages for the infringement _ Damages for of any patent may be recovered by action on the case in any circuit court ":S;g§°§;°"°r:f of the United States, or district court exercising the jurisdiction of a cir- g,,,,,,,}-g_ W ` euit court, or in the supreme court of the District of Columbia, or of any Territory, in the name of the party interested, either as patentcc, assignee, Court may or grantee. And whenever in any such action a verdict shall be rendered Fgsizgggggifge for the plaintiff, the court may enter judgment thereon for any sum above t;,,,,,,,;;,,,,,,,,,,,,,,;; the amount found by the verdict as the actual damages sustained, accord- <>f =w¤¤¤l dming to the circumstances of the case, not exceeding three times the amount :§:§,;°Q‘;;‘é;g,,_ 0f such verdict, together with the costs. Sec. 60. And be it further enacted, That whenever, through inadver- I{¤tentess_may tence, accident, or mistake, and without any wil[l]ful default or intent to *;**5 defraud or mislead the public, a patentee shall have (in his specification) u,,,,,,, ofgny claimed to be the original and first inventor or discoverer of any material m¤t¤r'i¤1,&¤· I 0r substantial part of the thing patented, of which he was not the original l°:;;ghp;,t:’;2;_' and first inventor or discoverer as aforesaid, every such patentee, his ex- citioations are ecutors, administrators, and assigns, whether of the whole or any sectional i°° l¤*8°· interest in the patent, may maintain a suit at law or in equity, for the infringement of any part thereof, which was bona, fide his own, provided it shall be a material and substantial part of the thing patented, and be definitely distinguishable from the parts so claimed, without right as aforesaid, notwithstanding the specifications may embrace more than that of' which the patentee was the original or first inventor or discoverer. But Plaintiifnot in every such case in which a judgment or decree shall beirendorcd for ;1°nL;;‘:"8‘;;f°S ' the plaintiff; no costs shall be recovered unless the proper disclaimer has been entered at the patent office before the commencement of the suit; nor shall he be entitled to the benefits of this section if he shall have un— reasonably neglected or delayed to enter said disclaimer.