Reports of Patent Causes: Decided in the Circuit Courts of the United States Since January 1, 1874, Nide 4
L.K. Strouse & Company, 1882
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absorbent action alleged answer appears application arrangement assignment bill brought cause claim combination Company complainant compound connection considered consists construction containing court cover damages decision decree defendants described device District drawing effect equity evidence explosive extending fact filed follows former further glass granted gutta percha held improvement infringement injunction insulating invention inventor Judge known less letters patent license machine manner manufacture March material matter means metallic mode motion necessary nitro-glycerine object operation original original patent packing parties pass persons plaintiff plate powder practical present prior produced profits proper question reason received reeds referred regard reissue respect result rubber says secured shown side sold specification statute substance substantially suit taken Telegraph term tion United valid valve whole wire York
Sivu 479 - Gunther. patented ; and any such patentee, his heirs or assigns, whether of the whole or any sectional interest therein, may, on payment of the fee required by law, make disclaimer of such parts of the thing patented as he shall not choose to claim...
Sivu 602 - ... having been patented in a foreign country more than six months prior to his application: Provided , That the same shall not have been introduced into public and common use in the United States prior to the application for such patent: And provided, also, That in all cases every such patent shall be limited to the term of fourteen years from the date or publication of such foreign letters patent.
Sivu 555 - ... in determining the question of infringement, the court or jury, as the case may be, are not to judge about similarities or differences by the names of things, but are to look at the machines or their several devices or elements in the light of what they do, or what office or function they perform, and how they perform it, and to find that one thing is substantially the same as another, if it performs substantially the saine function in substantially the same way to obtain the same result...
Sivu 615 - And the said party of the second part agrees to pay to the party of the first part the rent as above stated, except when said premises are untenantable by reason of fire, or from any other cause than the carelessness of the party of the second part, or persons family, or in employ, or by superior force and inevitable necessity.
Sivu 429 - All acts of limitation, whether applicable to civil causes and proceedings or to the prosecution of offenses or for the recovery of penalties or forfeitures embraced in...
Sivu 534 - must in every case give evidence tending to separate or apportion the defendant's profits and the patentee's damages between the patented feature and the unpatented features, and such evidence must be reliable and tangible, and not conjectural or speculative; or he must show, by equally reliable and satisfactory evidence, that the profits and damages are to be calculated on the whole machine, for the reason that the entire value of the whole machine, as a marketable article, is properly and legally...
Sivu 212 - Every patent or any interest therein shall be assignable in law by an instrument in writing, and the patentee or his assigns or legal representatives may in like manner grant and convey an exclusive right under his patent to the whole or any specified part of the United States.
Sivu 218 - He shall, furthermore, accompany the whole with a drawing, or drawings, and written references, where the nature of the case admits of drawings, or with specimens of ingredients, and of the composition of matter, sufficient in quantity for the purpose of experiment, where the invention or discovery is of a composition of matter...
Sivu 239 - 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...
Sivu 26 - ... upon a decree being rendered in any such case for an infringement, the complainant shall be entitled to recover, in addition to the profits to be accounted for by the defendant, the damages the complainant has sustained thereby ; and the court shall assess the same or cause the same to be assessed under its direction.