Page:United States Statutes at Large Volume 60 Part 1.djvu/805

This page needs to be proofread.


778 PUBLIC LAWS-CHS. 725, 726-AUG. 1, 1946 [60 STAT. $350,000, to be expended for the same purposes and in the same man- 39 Stat. n 9er as provided in section 7 of the Smith-Hughes Vocational Edu- cation Act, as amended October 6,1917." Approved August 1, 1946. [CHAPTER 726] August 1, 1946 [I. R . 53111 To amend Revised Statutes, 4921 (U. S . C . A., title 35, Patents, sec. 70), provid- [Public Law 587] ing that damages be ascertained on the basis of compensation for infringement. Be it enacted by the Senate and House of Representatives of the Patents. United States of America in Congress assembled, That section 4921 of the Revised Statutes of the United States (35 U. S . C . A. 70) is hereby amended to read as follows: Power of courts to "The several courts vested with jurisdiction of cases arising under githe patent laws shall have power to grant injunctions according to the course and principles of courts of equity, to prevent the violation of any right secured by patent, on such terms as the court may deem frineveer int - reasonable; and upon a judgment being rendered in any case for an infringement the complainant shall be entitled to recover general damages which shall be due compensation for making, using, or sell- ing the invention, not less than a reasonable royalty therefor, together Attorney's ees. with such costs, and interest, as may be fixed by the court. The court may in its discretion award reasonable attorney s fees to the prevailing party upon the entry of judgment on any patent case. evpert or opinion "The court is hereby authorized to receive expert or opinion evi- ing compensation. dence upon which to determine in conjunction with any other evidence in the record, due compensation for making, using, or selling the invention, and such expert or opinion evidence is hereby declared to be competent and admissible subject to the general rules of evidence applicable thereto. Assessment of dam- "The court shall assess said damages, or cause the same to be assessed, under its direction and shall have the same power to increase the assessed damages, in its discretion, as is given to increase the damages found by verdicts in actions in the nature of actions of trespass upon frngement for - the case; but recovery shall not be had for any infringement committed more than six years prior to the filing of the complaint in the action. Sioner of Patents. sionerof Patentsm And it shall be the duty of the clerks of such courts within one month after the filing of any action, suit, or proceeding arising under the patent laws to give notice thereof in writing to the Commissioner of Patents, setting forth in order so far as known the names and addresses of the litigants, names of the inventors, and the designating number or numbers of the patent or patents upon which the action, suit, or proceeding has been brought, and in the event any other patent or patents be subsequently included in the action, suit, or proceeding by amendment, answer, cross bill, or 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 judgment issued the clerk of the court shall give notice thereof to the Commissioner of Patents, Endorsement. and it shall be the duty of the Commissioner of Patents on receipt of such notice forthwith to endorse the same upon the file wrapper of the said patent or patents, and to incorporate the same as a part of the contents of said file or file wrapper." eng uses ofanctin This Act shall take effect upon approval and shall apply to pending causes of action in which the taking of the testimony has not been concluded: Provided,however, That pending causes of action in which the taking of the testimony has been concluded are to be governed by the statute in force at the time of approval of this Act as if such statute had not been amended. Approved August 1, 1946.