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FORMS OF PATENT PLEADINGS.

DECLARATION.

CIRCUIT COURT OF THE UNITED STATES,
FOR THE DISTRICT OF CONNECTICUT.

OF THE SEPTEMBER TERM OF THE YEAR EIGHTEEN HUNDRED AND EIGHTY-THREE.

DISTRICT OF CONNECTICUT, 88.

THOMAS TRACY, of Hartford Connecticut, who is a citizen of the State of Connecticut, and of the United States, plaintiff in this suit, by John Jay his attorney, complains of the Eastern and Western Railroad Company, which is a corporation created and existing in due form of law in the States of Connecticut and Rhode Island, defendant, of a plea of trespass on the case.

For that, Samuel Sinclair, of New Haven Connecticut, before and at the time of his application for the here. inafter mentioned letters patent, was a citizen of the United States, and was the true original and first inventor of a certain new and useful apparatus, fully described in the specification of the letters patent hereinafter mentioned, and named therein an "Improved railroad car-brake," and which was not known or used in this country, and not patented or described in any printed publication in this or any foreign country, before his invention thereof; and was not

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in public use or on sale more than two years prior to his application for letters patent of the United States therefor.

And for that, heretofore, to wit: on the first day of June, 1866, and before the issuing of the hereinafter mentioned letters patent, the said Samuel Sinclair, by an instrument in writing duly executed and delivered by him, and bearing date on the last named day, did assign to Rufus Russell, of Meriden Connecticut, all the right, title, and interest whatever in said invention; and for that, said instrument in writing was duly recorded in the Patent Office on the tenth day of June, 1866.

And for that, on the sixteenth day of July, 1866, letters patent for said invention, in due form of law, were, on the application of said Samuel Sinclair, issued and delivered to said Rufus Russell, in the name of the United States of America, and under the seal of the Patent Office of the United States, and were signed by the Secretary of the Interior of the United States, and countersigned by the Commissioner of Patents; and for that, said letters patent did grant to said Rufus Russell, his heirs or assigns, for the term of seventeen years, the exclusive right to make, use, and vend the said invention throughout the United States, and the Territories thereof.

And for that, the said letters patent were inoperative by reason of an insufficient specification; which error arose from inadvertence, and without any fraudulent or deceptive intention; and for that, the said Rufus Russell therefore duly surrendered said letters patent, whereupon the Commissioner of Patents, on the fifteenth day of October, 1866, caused new letters patent for the same invention, and in accordance with a corrected specification, to be issued to said Rufus Russell, for the unexpired part of the term of said original letters patent.

And for that, through mistake, and without any fraudulent or deceptive intention, the said Samuel Sinclair, in his application for the said original letters patent, claimed to be the true original and first inventor of a certain part of said apparatus of which he was not the first inventor, and which claim

was repeated in said reissue letters patent, and numbered "2" therein; and for that, the said Rufus Russell, without unreasonable delay, entered in the Patent Office, before the commencement of this suit, a disclaimer in writing of the said part covered by the said second claim of said reissue letters patent.

And the plaintiff says, that the said Rufus Russell, before the committing of the grievances hereinafter mentioned, to wit on the sixteenth day of September 1868, by a certain instrument in writing, duly executed and delivered by him, and bearing date on said last mentioned day, did grant to the said plaintiff, the entire right, title, and interest in and to the then unexpired portion of the term of said reissue patent, in and throughout the States of Connecticut and Rhode Island; which instrument in writing was recorded in the Patent Office on the thirty-first day of October, 1868.

And the plaintiff further says, that always hitherto, from the time of the execution of the said last mentioned instrument, up to the expiration of the said reissue letters patent, he has vended to others the right to make and use specimens of said apparatus, to his great advantage and profit.

Yet the defendant, well knowing the premises, but contriving to injure the plaintiff, heretofore, to wit: on and after the first day of January, 1869, and up to and on the sixteenth day of July, 1883, and during and within the term of seventeen years mentioned in said letters patent, and after the granting of said reissue letters patent, and after the execution of the said grant to the plaintiff, and before the bringing of this suit, and within those parts of the United States covered by the last mentioned grant, unlawfully, wrongfully, and injuriously, and with intent to deprive the plaintiff of the royalties which he might and otherwise would have derived from the sale of rights to make and use specimens of said apparatus, and without the license of the plaintiff or of the said Rufus Russell, and against the will of the plaintiff, did make, and did use, and did cause to be made, and did cause to be used, sundry specimens of said apparatus, and of machines which contained and employed substantially the invention covered by

said reissue letters patent after said disclaimer, in infringement of the said exclusive rights secured to the said Rufus Russell by the letters patent aforesaid, and granted by him to the said plaintiff, as herein before set forth, and contrary to the statute of the United States in such cases made and provided; whereby the plaintiff has been and is greatly injured, and has been deprived of large royalties which he might and otherwise would have derived from the sale of rights to make and use specimens of said apparatus, and has sustained actual damages thereby to the amount of Three Thousand Dollars.

Wherefore, by force of the statutes of the United States, a right of action has accrued to the said plaintiff to recover the said actual damages, and such additional amount, not exceed ing, in the whole, three times the amount of such actual damages, as the court may see fit to adjudge and order, besides

costs.

Yet the defendant, though often requested so to do, has never paid the same, nor any part thereof, but has refused, and still refuses so to do, and therefore the plaintiff brings his suit.

JOHN JAY,

Attorney for the Plaintiff.

PLEA IN BAR.

CIRCUIT COURT OF THE UNITED STATES,

FOR THE DISTRICT OF CONNECTICUT.

THOMAS TRACY

v.

THE EASTERN AND WESTERN RAILROAD

COMPANY.

Trespass on the
Case.

And the said defendant, by Richard Ray its attorney,

comes and defends the wrong and injury when, etc., and says, that it is not guilty of the supposed grievances above laid to its charge, or any or either of them, or any part thereof, in manner and form as the said plaintiff has above thereof complained against it. And of this the defendant puts itself upon

the country.

And for a further plea in this behalf, the defendant says, that the apparatus covered by the reissue letters patent mentioned in the plaintiff's declaration, was not an invention when produced by the said Samuel Sinclair. And of this the defendant puts itself upon the country.

And for a further plea in this behalf, the defendant says, that the said apparatus was not novel when produced by the said Samuel Sinclair; for that, an apparatus substantially identi cal with it in character, was previously patented in letters patent of the United States, granted to Mason Montgomery, May 16, 1856; and for that, another like apparatus was previously described on page 777 of a certain printed book entitled "The Practical Railroad Carriage Builder," published in London, England, in the year 1858, by William Wright, of Paternoster Row; and for that, still another like apparatus was previously known and used by Nathan Norris, of Rochester New York, on the New York Central Railroad, in said Rochester, and elsewhere on said railroad in the State of New York, in the year 1859. And of this the defendant puts itself upon the country.

And for a further plea in this behalf, the defendant says, that said Samuel Sinclair actually abandoned his said alleged invention, before he made any application for letters patent therefor. And this the defendant is ready to verify.

And for a further plea in this behalf, the defendant says, that said alleged invention was in public use more than two years before said Samuel Sinclair made any application for letters patent thereon. And of this the defendant puts itself upon the country.

And for a further plea in this behalf, the defendant says, that the alleged inoperativeness, of the original patent men

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