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ing Co. v. The Sullivan Machine
Co.
368. Illustrated by the case of Eliza-
beth v. Pavement Co.
369. Infringement of patents for
compositions of matter.
370. Substitution of ingredients.
371. Substitution of ingredients as
illustrated by the Giant-Powder
cases.
358. Review of the question consid-
ered in the last four sections.
359. Primary and secondary inven-
tious in respect of the doctrine
of equivalents.
360. Primary inventions considered
in this respect.
361. Secondary inventions consid-
ered in the same respect.
362. Review of the matters consid-
ered in the last three sections.
363. Changes of form considered in
respect of questions of infringe-
ment.
364. Subject of the last section illus-
trated by the case of Strobridge
v. Lindsay.
365. Illustrated by the case of Ives
v. Hamilton.
366. Illustrated by the case of Morey
o. Lockwood.
367. Illustrated by the case of the
American Diamond Rock Bor.
372. Disclaimers of particular equiv-
alents.
373. Changes of the proportions in
374. The various classes of composi-
tions of matter.
375. Infringement of patents for de-
signs.
376. Comparative utility not a cri-
terion of infringement. 377. Knowledge of a patent not a
necessary element in its in-
fringement.
CHAPTER XVII.
COURTS PARTIES AND CAUSES...
.Pages 293-325
378. Introductory explanation. 387. Supported in the negative by
379. Jurisdiction of United States the text-writer.
courts of first resort in patent 388. Jurisdiction of State courts
over controversies growing out
380. Question of the jurisdiction of of contracts relevant to patents.
State courts in patent cases
389. Jurisdiction of individual Unit-
stated.
ed States courts of first resort
381. Supported in the affirmative in patent cases.
from ALEXANDER HAMILTON. 390. Qualifications of the rule of the
382. Supported in the negative from last section.
Justice STORY.
391. Jurisdiction of the Court of
383. Supported in the affirmative Claims.
from Justice WASHINGTON. 392. Question of the jurisdiction of
384. Supported in the negative from the Court of Claims over causes
Chancellor KENT.
of action based on unauthorized
385. Supported in the negative from making, using, or selling by the
Justice Field.
United States Government of
386. Considered in the light of all specimens of a patented process
the foregoing opinions.
or thing.
393. Question of the jurisdiction of
United States Circuit Courts
over actions, brought against
agents of the United States
Government, and based on unau-
thorized making, using, or sell-
ing, by those agents, on behalf
of the government, of speci-
mens of a patented process or
thing.
394. Who may be a plaintiff or com-
plainant in a patent action.
395. Who may be plaintiff or com-
plainant in an action based on
an assigned accrued right of ac-
tion for infringement.
396. Executors and administrators
as plaintiffs and complainants.
397. Assignees of executors or ad-
ministrators as plaintiffs and
complainants.
398. Attorneys in fact cannot be
nominal plaintiffs or complain-
402. Minors, married women, and
lunatics as defendants.
403. Agents, salesmen, and employ-
ees as defendants.
404. Employers as defendants.
405. Persons as defendants who have
caused others to infringe.
406. Joint infringers as defendants.
407. What facts constitute joint in-
408. Partners as defendants.
409. Private corporations as defend-
ants.
410. Officers, directors, and stock.
holders of corporations as de.
fendants.
411. The same subject continued.
412. Stockholders of corporations.
413. Officers of corporations.
414. Directors of corporations.
415. Statutory liability of officers,
directors, and stockholders of
corporations.
416. Consolidated corporations as de-
fendants in actions based on in-
fringements.committed by their
constituent corporations.
417. Causes of action based on a
plurality of patents, or on both
terms of an extended patent.
399. Owners in common as joint
plaintiffs or complainants.
400. Licensees cannot be nominal
plaintiffs, nor sole nominal com-
plainants.
401. Who may be made a defendant
in a patent action.
CHAPTER XVIII.
ACTIONS AT LAW.....
418. Activns of trespass on the case.
419. The question of the propriety
of actions of assumpsit for in-
fringements of patents, consid-
ered in the light of precedents.
420. Considered in the light of ex-
pediency.
421. Forms of civil actions pre-
scribed by State codes and stat-
utes where applicable to patent
..... Pages 326-411
422. Declarations in trespass on the
case.
423. The statement of the right of
action, in respect of the inven-
tor.
424. In respect of the novelty and
utility of the invention.
425. In respect of the absence of
public use or sale more than
two years before application for
a patent.
426. In respect of the patentee,
where he is another than the
inventor.
427. In respect of the application
for the patent.
428. Iu respect of the letters patent.
429. In respect of a reissue.
430. In respect of a disclaimer.
431. In respect of an extension.
432. In respect of the plaintiff's
title.
433. In respect of profert.
434. In respect of infringement.
435. In respect of the time of in-
436. Io respect of the damages.
437. The conclusion of the declara-
tion.
438. Substantial and not technical
accuracy required in declara-
tions.
439. Dilatory pleas.
440. Twenty-seven defences plead-
able in bar in patent actions.
441. The twenty-seven defences re-
viewed in respect of their na-
tures and effects.
442. Special pleading.
443. The general issue accompanied
by a statutory notice of special
matter.
444. Notices of special matter.
445. Defences based on facts of
which courts take judicial no-
tice, need not be pleaded.
446. The first and second defences.
447. The third defence.
448. The fourth defence.
449. The fifth and sixth defences.
450. The seventh defence.
451. The eighth defence.
452. The ninth and tenth defences.
453. The eleventh defence.
454. The twelfth defence.
455. The thirteenth defence.
456. The fourteenth defence.
457. The fifteenth defence.
459. The sixteenth defence.
459. The seventeenth defence.
460. The eighteenth defence.
461. The nineteenth defence.
462. The twentieth defence.
463. The twenty-first defence.
464. The twenty-second defence.
465. The twenty-third and twenty-
fourth defences.
466. The twenty-fifth defence.
467. The twenty-sixth defence:
estoppel.
468. Estoppel by matter of record :
res judicata.
469. Estoppel by matter of deed.
470. The twenty-sixth defence; how
pleaded.
471. The twenty-seventh defence :
statutes of limitation. [tion.
472. The national statute of limita-
473. Its operation on rights of
action based upon patents
which expired prior to July 8,
1864; and on rights of action
based upon patents which ex-
pired between that day and
July 8, 1870.
474. Its operation on rights of
action based upon infringe-
ments committed before July
8, 1870, of patents which were
in force on that day; and on
rights of action based upon in-
fringements of patents commit-
ted after that day and before
June 22, 1874.
475. Its operation on rights of ac.
tion based upon infringements
of original terms of extended
patents.
476. Slate statutes of limitations do
not apply to any right of action
which is attended to by the
national statute; that is, to any
right of action based on an in-
fringement committed before
477. The question of the applicabii. | 501. Cross-examination of experts.
ity of State statutes of limita- 502. Evidence of damages.
tion to rights of action for in 503. Defendant's evidence in chief.
fringements committed after 504. Evidence to sustain the first
defence.
478. Replications, rejoinders, and 505. To sustain the second defence.
sur-rejoinders, where licenses or 506. To sustain the third defence,
releases are pleaded.
when based on prior patents.
479. Replications, where the national 507. When based on prior printed
statute of limitation is pleaded. publications.
480. Replications and rejoinders, 508. When based on prior knowl-
wbere a State statute of limita- edge or use.
tion is pleaded.
509. Rebutting evidence to the
481. The similiter.
third defence, when based on
482. Demurrers.
prior knowledge or use.
483. Demurrers to declarations. 510. Rebutting evidence to the
484. Demurrers to pleas.
third defence, however based.
483. Demurrers to replications. 511. Evidence to sustain the fourth
486. Joinders in demurrer.
487. Trial of actions at law for in- 512. To sustain the fifth defence.
fringements of patents.
513. The sixth defence.
488. Trial by jury.
514. The seventh defence.
489. Rules of practice.
515. The eighth defence.
490. Rules of evidence.
516. The ninth defence.
491. Letters patent as evidence. 517. The tenth defence.
492. Reissue letters patent are pri- 518. The eleventh defence.
ma facie evidence of their own 519. The twelfth defence.
validity.
520. The thirteenth defence.
493. Extensions of patents are prima 521. The fourteenth defence.
· facie evidence of their own va-
522. The fifteenth defence.
lidity.
523. The sixteenth defence.
494. Letters patent presumed to be 524. The seventeenth defence.
in force till the end of the term 525. The eighteenth defence.
expressed on their face.
526. The nineteenth defence.
495. Evidence of title.
527. The twentieth defence.
496. Neither licenses; releases, nor 528. The twenty-first defence.
omission to mark “patented 529. The twenty-second defence.
need be negatived in a plain- 530. The twenty-third defence.
tiff's prima facie evidence. 531. The twenty-fourth defence.
497. Evidence of the defendant's 532. The twenty fifth defence.
doings.
533. The twenty-sixth defence.
498. Expert evidence of infringe- 534. The twenty-seventh defence.
535. How testimony is taken in ac-
499. Hypothetical questions for ex- tions at law.
perts.
536. When the judge may direct the
500. Expert testimony relevant to jury to return a verdict for the
the state of the art.
defendant.
537. Instructions to juries.
538. Verdicts.
539. New trials.
540. Trials by a judge without a
jury.
541. Trial by referee.
542. Judgments.
543. Costs.
544. Costs under the statute.
545. Attorney's docket fees.
546. Clerk's fees.
517. Magistrate's fees.
548. Witness fees.
549. Taxation of costs.
550. Writs of error.
551. Bills of exception.
552. Erroneous instructions, and re-
fusals to instruct.
553. Exceptions to instructions, and
to refusals to instruct.
554. Time when exceptions must be
noted, and time when bills of
exception must be drawn up
and signed.
CHAPTER XIX.
DAMAGES......
.Pages 412-425
555. The generic measure of dam. 562. Proportion of licensed to unli-
ages.
censed practice of an invention.
556. Established royalties as specific 563. Measure of damages in the ab-
measures of damages.
sence of an established royalty.
557. Tests applied to royalties on 564. Damages for unlicensed mak-
behalf of defendants.
ing, without unlicensed selling
538. Tests applied to royalties on or using.
behalf of plaintiffs.
565. Evidence of damages.
559. Money paid for infringement 566. Indirect consequential dam-
already committed, is no meas- ages.
ure of damages in another 567. Exemplary damages.
568. Increased damages.
560. Royalties reserved on sales of 569. Actual damages not affected by
infringement being unintended.
561. Royalties for licenses to make 570. Counsel fees and other expen-
and use, and royalties for li-
censes to make and sell.
571. Interest on damages.
ses.
CHAPTER XX.
ACTIONS IN EQUITY......
.Pages 426-480
572. Jurisdiction of equity in patent 578. The introductory part.
causes.
579. The stating part.
573. Jurisdiction of equity to assess 580. The prayer for relief.
and decree damages.
581. The interrogating part.
574. The complainant.
582. The prayer for process.
575. The defendant.
583. The signature.
576. Original bills.
584. The oath.
577. The title of the court.
585. Bills to perpetuate testimony.