The court said: "It is argued, however, on behalf of the appellant, that the course of the defendant in demurring generally to the bill, and of the court in sustaining the demurrer and dismissing the bill, will, as a matter of precedent, leave it in a remediless position; that the decree of the court, particularly when the grounds upon which it was based are considered, would seem to wholly shut the gates of a court of equity against it, no matter how great an exigency might arise, "There is force in this view, and we think the decree dismissing the bill should be without prejudice generally, and not be restricted to saving the complainant's right to bring an action at law only. "Although we think that the appellant is entitled to such an amendment of the decree, yet, as it does not seem to have made any motion to that effect in the court below, when it may be presumed that court would have readily conceded such amendment, and as it has not confined its contention here to that matter, we shall not relieve it from the costs of this appeal." Case No. 9. Neel v. Pennsylvania Co. (1895) 157 U. S. 153, 15 Sup. Ct. 589. See ante, c. 19, "Costs in Cases Removed from State Courts." Case No. 10. North American Transp. & Trading Co. v. Morrison (1900) 178 U. S. 262, 20 Sup. Ct. 869. See ante, c. 19, "Costs in Cases Removed from State Courts." Case No. 11. Pine River Logging Co. v. United States (1902) 186 U. S. 279, 22 Sup. Ct. 920. See ante, c. 5. 73. Two or More Patents in the Same Suit. 74. Several Claims of Same Patent Relied Upon. 75. When Recovery Nominal. § 70. Statutes. Act April 10, 1790, c. 7, § 4 (1 Stat. 111), provided for recovery of damages and forfeiture of infringing article, but was silent as to costs. Section 5 of the same act provided for costs to defendant where judg ment was against the plaintiff. The act of 1790 was repealed by the act of 1793 (1 Stat. 318). Under section 5 of the latter act, an infringer was to pay a sum that "shall be at least equal to three times the price for which the patentee has usually sold or licensed, to other persons, the use of the said invention," but there was no provision as to costs. Section 6 provided for pleading certain defenses "tending to prove," etc.; "in either of which cases judgment shall be rendered for the defendant, with costs, and the patent shall be declared void." The act of 1836 (5 Stat. 117), which repealed all prior acts except as to pending actions, provided, in section 14, that, upon rendition of a verdict in favor of plaintiff, the court might render judgment for any sum above the amount of the verdict, "not exceeding three times the amount thereof, according to the circumstances of the case, with costs." Section 15 provided that the defendant might plead the general issue, and, upon notice, give in evidence certain special defenses, and that, "in either of which cases, judgment shall be rendered for the defendant with costs"; and provided, also, that, if plaintiff failed to sustain his action because his claim embraced more than his invention, and it appeared that defendant had used any part justly claimed as new, "it shall be in the power of the court to adjudge and award as to costs, as may appear to be just and equitable." Repealed July 8, 1870 (16 Stat. 216). Sections 7 and 9 of the act of 1837 (5 Stat. 191) related to disclaimer where the patentee's claim was too broad. See post, § 72, "Disclaimer." The act of 1842, c. 263, § 5 (5 Stat. 543), provided a penalty of one hundred dollars and costs for counterfeiting the stamp, mark, or other device of the patentee, or affixing the same to an unpatented article. Repealed July 8, 1870 (16 Stat. 216). The consolidated patent act of July 8, 1870 (16 Stat. 198, § 39), provides a penalty of one hundred dollars and costs for imitating or counterfeiting a patentee's mark, or marking unpatented articles "Patented," etc. See Rev. St. § 4901. * * Section 55 of the act of 1870 gives original cognizance, in equity as well as law, to circuit courts to grant injunctions, “according to the course and principles of courts of equity, on such terms as the court may deem reasonable," and gives the courts of equity the same power to increase the damages as upon verdiets found in actions upon the case, but is silent as to costs. See Rev. St. § 4921. Section 59 of the act of 1870 provides for the recovery of damages for infringement by action on the case. "And whenever, in any such action, a verdict shall be rendered for the plaintiff, the court may enter judgment thereon for any sum above the amount found by the verdict as the actual damages sustained, according to the circumstances of the case, not exceeding three times the amount of such verdict, together with the costs." See Rev. St. § 4919. Section 60 of the act of 1870 relates to disclaimers See post, § 72, "Disclaimer." Section 61 of the act of 1870 provides for defenses, as in the act of 1836, and for costs to defendant upon a successful defense. See Rev. St. § 4920. Rev. St. § 973, provides for costs in cases where disclaimers are necessary. See post, § 72, "Disclaimer.” Rev. St. § 4901, provides a penalty of one hundred dollars and costs for imitating a patentee's name or mark on any article, or for falsely marking an unpatented article as patented. Rev. St. § 4915, provides for obtaining patents by bill in equity in certain cases, and that "all the expenses of the proceeding shall be paid by the applicant, whether the final decision is in his favor or not.” Rev. St. § 4919: "Damages for the infringement of any patent may be recovered by action on the case, in the name of the party interested, either as patentee, as signee, or grantee. And whenever, in any such action, a verdict is rendered for the plaintiff, the court may enter judgment thereon for any sum above the amount found by the verdict as the actual damages sustained, according to the circumstances of the case, not exceeding three times the amount of such verdict, together with the costs." Rev. St. § 4920: "In any action for infringement the defendant may plead the general issue, and, having given notice in writing to the plaintiff or his attorney, thirty days before, may prove on trial any one or more of the following special matters: "First. That for the purpose of deceiving the public, the description and specification filed by the patentee in the patent office was made to contain less than the whole truth relative to his invention or discovery, or more than is necessary to produce the desired effect; or, "Second. That he had surreptitiously or unjustly obtained the patent for that which was in fact invented by another, who was using reasonable diligence in adapting and perfecting the same; or, "Third. That it had been patented or described in some printed publication prior to his supposed invention or discovery thereof; or, "Fourth. That he was not the original and first inventor or discoverer of any material and substantial part of the thing patented; or, "Fifth. That it had been in public use or on sale in |