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-

mental bills.

632. Hearings.

633. Interlocutory hearings.

634. Questions of law arising on

hearings.

635. Questions of fact arising on

hearings.

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.

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-

tions.

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.

695. Reinstatement of dissolved in-
junctions.

696. Consequences of obedience or
disobedience to injunctions

which are subsequently dissolv-

697. Permanent injunctions. [ed.

698. Refusal of permanent injunc-

tion, because the patent has ex-

pired.

699. Because the complainant has

assigned the patent.

700. Because the defendant is dead,

or, if a corporation, is dissolved.

701. Cessation of infringement no

ground for refusal to enjoin.

702. Postponement of permanent in-

junctions.

704. Dissolution of permanent in-
junctions.

705. Injunctions granted independ-

ent of other relief; but no
injunctions issued in trivial

cases, nor to restrain com-

plainants from suing third

parties.

706. The duration of injunctions

generally limited by the term

of the patent.

junctions.

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.