` *· 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:·»<t. Thzxt for the purpose of deceiving the public the de·‘ { >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·
- ion of any right secured by patent, on such terms as the
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
- he same {to be assessed under its direction. If on the proofs
_t shall appear that the complainant has ·sn¤ered-damage {rom
- he infringement nor that the defendant. has realized pronts `
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:
