Decisions of the Commissioner of Patents and of the United States Courts in Patent and Trade-mark and Copyright CasesU.S. Government Printing Office, 1883 "Compiled from Official gazette. Beginning with 1876, the volumes have included also decisions of United States courts, decisions of Secretary of Interior, opinions of Attorney-General, and important decisions of state courts in relation to patents, trade-marks, etc. 1869-94, not in Congressional set." Checklist of U. S. public documents, 1789-1909, p. 530. |
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Seite 36
... infringement . The circuit court dismissed the bill , and the complainant appealed to this court . As to the second defense above mentioned , it is sufficient to say that the evidence establishes beyond controversy the infringement by ...
... infringement . The circuit court dismissed the bill , and the complainant appealed to this court . As to the second defense above mentioned , it is sufficient to say that the evidence establishes beyond controversy the infringement by ...
Seite 44
... INFRINGEMENT . While it is unquestionably true that , three things being proved — namely , a patent , long possession , and infringement - the party is entitled prima facie to an injunction , yet even where this is shown the question ...
... INFRINGEMENT . While it is unquestionably true that , three things being proved — namely , a patent , long possession , and infringement - the party is entitled prima facie to an injunction , yet even where this is shown the question ...
Seite 45
... infringement of this patent . The complainant further contends that the defendant's pen is an in- fringement of the first claim in another patent granted to him , No. 199,621 , dated January 29 , 1878 , which is in the following ...
... infringement of this patent . The complainant further contends that the defendant's pen is an in- fringement of the first claim in another patent granted to him , No. 199,621 , dated January 29 , 1878 , which is in the following ...
Seite 46
... infringement is therefore a closer one . The defendant's pen has a vibrating pin or needle , which is operated by means of a spiral spring ; but the pin , instead of being attached to the air - tube - in the manner set out in ...
... infringement is therefore a closer one . The defendant's pen has a vibrating pin or needle , which is operated by means of a spiral spring ; but the pin , instead of being attached to the air - tube - in the manner set out in ...
Seite 54
... INFRINGEMENT OF PATENT BY JOINT OWNER . A part owner of a patent has no right to use an infringing device . If he ... infringement upon their common patent , and that he is so doing under " over of their common patent . Hence the claim ...
... INFRINGEMENT OF PATENT BY JOINT OWNER . A part owner of a patent has no right to use an infringing device . If he ... infringement upon their common patent , and that he is so doing under " over of their common patent . Hence the claim ...
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account of profits alleged appears appellant appellees application arranged assignment attached axle Barker Beckwith bill BLATCHFORD boiler bottom plate buckle buckram burner circuit court combination Comegys Commissioner complainant complainant's connected consists construction construed court of equity cover damages Decided decree defendant's defendants device drawings equity evidence fastening filed flanges furnace held hinge Holbeck hopper hot blast improvement inclined planes infringement injunction invention inventor issued joint jurisdiction Justice WOODS label lever license loop manufacture means meat mechanical ment metal mode mold motion operation original patent parties Patent Office Pitching Machine pivoted plaintiff plows postmarking prior profits projecting purpose question Randel reference Reissue Letters Patent reissued patent screw second claim secured September 19 shoe shown side sold specification stamp statute substantially as described suit sustained testimony Thomas Nixon tion trade-mark treadles tube United States Circuit validity
Beliebte Passagen
Seite 291 - Office a written description of the same, and of the manner and process of making, constructing, compounding, and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art or science to which it appertains, or with which it is most nearly connected, to make, construct, compound, and use the same...
Seite 361 - ... full, clear, concise, and exact terms as to enable any person skilled in the art or science to which it appertains, or with which it is most nearly connected, to make, construct, compound, and use the same; and in case of a machine, he shall explain the principle thereof, and the best mode in which he has contemplated applying that principle, so as to distinguish it from other inventions; and particularly point out and distinctly claim the part, improvement, or combination which he claims as...
Seite 128 - that whenever any patent is inoperative or invalid, by reason of a defective or insufficient specification, or by reason of the patentee claiming as his own invention or discovery more than he had a right to claim as new; if the error has arisen by inadvertence, accident, or mistake, and without any fraudulent or deceptive intention...
Seite 176 - ... upon a decree being rendered in any such case for an infringement the complainant shall be entitled to recover, in addition to the profits to be accounted for by the defendant, the damages the complainant has sustained thereby; and the court shall assess the same or cause the same to be assessed under its direction.
Seite 185 - That suits in equity shall not be sustained in either of the courts of the United States, in any case where plain, adequate and complete remedy may be had at law.
Seite 180 - ... residences of the persons alleged to have invented or to have had the prior knowledge of the thing patented, and where and by whom it had been used ; and if any one or more of the special matters alleged shall be found for the defendant, judgment shall be rendered for him with costs. And the like defenses may be pleaded in any suit in equity for relief against an alleged infringement ; and proofs of the same may be given upon like notice in the answer of the defendant, and with the like effect.
Seite 294 - But it is plain from the evidence, and from the very fact that it was not sooner adopted and used, that it did not, for years, occur in this light to even the most skillful persons.
Seite 292 - 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.
Seite 52 - And in the case of any machine, he shall fully explain the principle, and the several modes in which he has contemplated the application of that principle or character, by which it may be distinguished from other inventions...
Seite 586 - This provision of the Act of 1836 was in turn superseded by § 53 of the Act of July 8th, 1870, c. 230, 16 Stat. 205, which provided, " that whenever any patent is inoperative or invalid, by reason of a defective or insufficient specification, or by reason of the patentee claiming as his own invention or discovery more than he had a right to claim as new...