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586. Amendments to bills, when al-
lowed.
587. Amendments to bills, when
necessary.
588. Demurrers, pleas, and answers.
589. Pleas in equity.
590. Arguments upon pleas, and
replications to pleas.
591. Defences in equity cases.
592. Non-jurisdiction of equity.
593. The same subject continued.
594. Non-jurisdiction in equity, how
set up as a defence.
595. Prior adjudication at law is
not necessary to jurisdiction in
equity.
596. Laches.
597. Laches, how set up.
598. The first of the twenty-seven
defences.
599. The second defence.
600. The third defence.
601. The fourth defence.
602. The fifth and sixth defences.
603. The seventh defence.
604. The eighth defence.
605. The ninth and tenth defences.
606. The eleventh defence.
607. The twelfth defence.
608. The thirteenth defence.
609. The fourteenth defence.
610. The fifteenth defence.
611. The sixteenth defence.
612. The seventeenth defence.
613. The eighteenth defence.
614. The nineteenth defence.
615. The twentieth defence.
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.
623. Replications.
624. Subordinate bills in aid of
original bills.
625. Supplemental bills.
626. Bills in the nature of supple-
mental bills.
627. Bills of revivor.
628. Bills in the nature of bills of
revivor.
629. Bills of revivor and supple-
ment.
630. Leave of court to file supple-
mental bills, and bills in the
nature of supplemental bills.
631. Demurrers, pleas, and answers
to supplemental bills, and to
bills in the nature of supple-
632. Hearings.
633. Interlocutory hearings.
634. Questions of law arising on
hearings.
635. Questions of fact arising on
636. Evidence in support of the bills
637. Evidence in support of de-
638. Testimony.
[fences.
639. Depositions.
640. Depositions taken in other
cases.
641. Documentary evidence.
642. Trial by jury in equity cases.
643. Hearings by masters in chan-
cery.
644. Interlocutory decrees.
645. Petitions for rehearings.
646. Rehearings for matter apparent
on the record.
647. Rehearings on account of
newly discovered evidence.
648. Supplemental bills in the na-
ture of bills of review.
649. Final decrees.
650. Bills of review.
651. Bills of review to correct errors
apparent on the pleadings or
final decree.
652. Bills of review to introduce
evidence discovered after the
entry of the final decree.
658. Jurisdiction to grant injunc-
tions.
659. Preliminary injunctions.
660. Bills for preliminary injunc-
661. Notices of motions for prelimi-
nary injunctions.
662. Motions for preliminary in-
junctions.
663. Suspensions of motions for
preliminary injunctions.
664. Temporary restraining orders.
665. Elements of prima facie rights
to preliminary injunctions.
666. Prior adjudication.
667. Public acquiescence.
668. Duration of public acquiesc-
ence in a strict monopoly.
669. Duration of public acquiesc-
ence in a licensed monopoly.
670. Public acquiescence need not
be universal to be efficacious.
671. Decrees pro confesso.
672. Consent decrees.
673. Defendant's admission of va-
lidity.
674. Interference decisions.
675. The complainant's title.
676. Infringements.
677. Defences to motions for pre-
liminary injunctions; and first
by way of traverse.
678. Defences by way of confession
and avoidance.
679. Averting effect of prior adjudi-
cation.
.Pages 481-517
680. Averting effect of public ac-
quiescence.
681. Averting preliminary injunc-
tion by proving repeal or ex-
piration of patent, or fault in
title thereto.
682. Averting preliminary injunc-
tion by proving license.
683. By proving estoppel.
684. By showing laches.
685. Preliminary injunction must
generally follow a cause and an
application therefor.
686. Bonds instead of injunctions,
where complainant grants li-
censes.
687. Where infringing machinery
embodies non-infringing feat-
ures, also where it was con-
structed under a junior patent.
688. Bonds required from complain-
ants in certain cases.
689. Injunctions not averted by the
existence of a remedy at law.
690. Injunction pro confesso on
withdrawal of opposition to a
motion for an injunction.
691. Discretion of the court in
granting or refusing injunc-
692. Motions to dissolve preliminary
injunctions.
693. Motions to dissolve for errors
in point of law.
694. Motions to dissolve on account
of newly discovered evidence.
703. Suspension of permanent in- 710. Penalties for violations of in- junctions.
CHAPTER XXII.
PROFITS...
711. The infringer's profits recover-
able in equity.
712. In cases of joint infringement.
713. In cases of infringement partly
unprofitable.
714. What spaces of time an account
of profits may cover.
715. The generic rule for ascertain-
ing infringer's profits.
716. Complainant's damages no cri-
terion of defendant's profits.
717. Defendant's profits in cases of
unlawfully making and selling
articles covered by the com-
plainant's patent.
718. Method of ascertaining cost of
making and selling infringing |
articles.
719. Burden of proof when it is
necessary to separate profits due
to patented features, from prof-
.Pages 518-550
its due to other features, of an
infringing article.
720. Method of making the separa-
tion where defendant made and
sold the patented invention
separately, as well as in connec-
tion with other things.
721. Method where defendant pays
royalty for right to make and
sell the features not covered by
the patent in suit.
722. Cases where no separation is
required or allowed.
723. Method of making the separa-
tion by the criterion of compar-
ative cost.
724. Defendant's profits in cases of
unlawfully selling articles partly
or wholly covered by complain-
ant's patent.
725. Defendant's profits in cases of
unlawful using of patented processes or things, ascertained by the rule in Mowry v. Whit-
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
have 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.