586. Amendments to bills, when al- 587. Amendments to bills, when 588. Demurrers, pleas, and answers. 590. Arguments upon pleas, and 591. Defences in equity cases. 592. Non-jurisdiction of equity. 593. The same subject continued. 594. Non-jurisdiction in equity, how 595. Prior adjudication at law is not necessary to jurisdiction in 598. The first of the twenty-seven 602. The fifth and sixth defences. 605. The ninth and tenth defences. 616. The twenty-first defence. 617. The twenty-second defence. 618. The twenty third defence. 619. The twenty-fourth defence. 620. The twenty-fifth defence. 621. The twenty-sixth defence. 622. The twenty-seventh defence. 626. Bills in the nature of supple. 628. Bills in the nature of bills of 629. Bills of revivor and supple- 630. Leave of court to file supple- mental bills, and bills in the 631. Demurrers, pleas, and answers bills in the nature of supple- 634. Questions of law arising on 635. Questions of fact arising on 636. Evidence in support of the bills 642. Trial by jury in equity cases. 643. Hearings by masters in chan- 645. Petitions for rehearings. 646. Rehearings for matter app.irent 648. Supplemental bills in the na- 651. Bills of review to correct errors 652. Bills of review to introduce evidence discovered after the 658. Jurisdiction to grant injunc- 680. Averting effect of public ac- 659. Preliminary injunctions. 681. Averting preliminary injunc- 660. Bills for preliminary injunc- tion by proving repeal or ex- piration of patent, or fault in 661. Notices of motions for prelimi. title thereto. 682. Averting preliminary injunc- 662. Motions for preliminary in- tion by proving license. 663. Suspensions of motions for 684. By showing laches. preliminary injunctions. 685. Preliminary injunction must 664. Temporary restraining orders. generally follow a cause and an 665. Elements of prima facie rights application therefor. to preliminary injunctions. 686. Bonds instead of injunctions, 668. Duration of public acquiesc-687. Where infringing machinery ence in a licensed monopoly. structed under a junior patent. 670. Public acquiescence need not 688. Bonds required from complain- be universal to be efficacious. ants in certain cases. 671. Decrees pro confesso. 689. Injunctions not averted by the 672. Consent decrees. existence of a remedy at law. 673. Defendant's admission of va- 690. Injunction pro confesso on lidity. withdrawal of opposition to a 674. Interference decisions. motion for an injunction. 675. The complainant's title. 691. Discretion of the court in 676. Infringements. granting or refusing injunc- 677. Defences to motions for pre- tions. liminary injunctions; and first 692. Motions to dissolve preliminary by way of traverse. injunctions. 678. Defences by way of confession 693. Motions to dissolve for errors and avoidance. in point of law. 679. Averting effect of prior adjudi- 694. Motions to dissolve on account cation. of newly discovered evidence. 695. Reinstatement of dissolved in- 704. Dissolution of permanent in- 696. Consequences of obedience or 705. Injunctions granted independ- disobedience to in junctions ent of other relief ; but no which are subsequently dissolv- injunctions issued in trivial 697. Permanent injunctions. [ed. 698. Refusal of permanent injunc- plainants from suing third tion, because the patent has ex- parties. 706. The duration of injunctions 699. Because the complainant has generally limited by the term 700. Because the defendant is dead, 707. The duration of injunctions or, if a corporation, is dissolved. granted by district judges in 701. Cessation of infringement no vacation. ground for refusal to enjoin. 708. Attachments for contempts. 702. Postponement of permanent in- 709. Improper defences to motions 703. Suspension of permanent in- 710. Penalties for violations of in- infringing article. 712. In cases of joint infringement. 720. Method of making the separa- 713. In cases of infringement partly tion where defendant made and unprofitable. sold the patented invention 714. What spaces of time an account separately, as well as in connec- of profits may cover. tion with other gs. 715. The generic rule for ascertain. 721. Method where defendant pays ing infringer's profits. royalty for right to make and 716. Complainant's damages no cri- sell the features not covered by terion of defendant's profits. the patent in suit. 717. Defendant's profits in cases of 722. Cases where no separation is unlawfully making and selling required or allowed. articles covered by the com- 723. Method of making the separa- plainant's patent. tion by the criterion of compar- 718. Method of ascertaining cost of ative cost. making and selling infringing 724. Defendant's profits in cases of articles. unlawfully selling articles partly 719. Burden of proof when it is or wholly covered by complain- necessary to separate profits due ant's patent. to patented features, from prof. 725. Defendant's profits in cascs of 736. Questions of interest on in- fringers' profits, considered in precedents. 737. Considered in the light of Cir- 738. Considered in the light of equitable doctrines and princi- 739. Proceedings before masters. 741. Objections to evidence before 742. Questions of the extent of the 743. Questions relevant to different sorts of defendant's alleged in. unlawful using of patented ney 726. Standards of comparison in respect of being open to the public. 727. In respect of being adequate to accomplish an equally beneficial result. 728. Recoverable profits may result from affirmative gains, or from saving from loss. 729. Affirmative gain. 730. Saving from loss. 731. Affirmative gain and saving from loss. 732. Standards of comparison need not have been used by the in- fringer. 733. A standard of comparison must have been known at the time of the infringement, but need not bave been in existence at any earlier period. 734. Method of selecting the proper standard of comparison. 735. The rule in Mowry v. Whitney has no application to cases of infringement by making or by selling. master's reports. 747. Defendant's affirmative excep- tions to master's reports. 748. Defendant's negative excep- tions to master's reports. 749. Complainant's exceptions to master's reports. 750. Outline of practice relevant to master's findings. APPENDIX. THE REPEALED STATUTES...... .Pages 553-634 Feb. 18, 1861.... 598 1800. 563 March 2, 1861... 599 1819. 564 1862... 606 July 3, 1832.... 565 1863. 606 July 13, 1832.... 567 1864. 607 1836.. 568 1865. 608 1837. 582 1866 608 1839. 589 1870.. 609 1842. 593 March 3, 1871.. 633 1848. 595 March 24, 1871.. 633 THE REVISED STATUTES.... Pages 634-660 SECTION SECTION 440. Clerks and employés. 441. Secretary of the Interior. 475. Establishment of the Patent Office. 476. Officers and employés. 477. Salaries. 478. Seal. (chief clerk. 479. Bonds of Commissioner and 480. Restrictions upon officers and employés. 481. Duties of Commissioner. 482. Duties of examiners-in-chief. 483. Establishment of regulations. 484. Arrangement and exhibition of models, &c. 485. Disposals of models on rejected applications. 486. Library. 487. Patent-agents may be refused recognition. 488. Printing of papers filed. 489. Printing copies of claims, laws, decisions, &c. 490. Printing specifications and drawings. 491. Additional specifications and drawings. 492. Lithographing and engraving. 493. Price of copies of specifications and drawings. 494. Annual report of the Com- missioner. 496. Disbursements for Patent-Of- fice. 629. Jurisdiction of Circuit Courts. |
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