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358. Review of the question consid-
ered in the last four sections.
359. Primary and secondary inven-
tions in respect of the doctrine
of equivalents.
360. Primary inventions considered
in this respect.
361. Secondary inventions consid-
ered in the same respect.
362. Review of the matters consid-
ered in the last three sections.
363. Changes of form considered in
respect of questions of infringe-
ment.
364. Subject of the last section illus-
trated by the case of Strobridge
v. Lindsay.
365. Illustrated by the case of Ives
v. Hamilton.
366. Illustrated by the case of Morey
v. Lockwood.
367. Illustrated by the case of the
American Diamond Rock Bor-
ing Co. v. The Sullivan Machine
Co.
368. Illustrated by the case of Eliza-
beth v. Pavement Co.
369. Infringement of patents for
compositions of matter.
370. Substitution of ingredients.
371. Substitution of ingredients as
illustrated by the Giant-Powder
cases.
372. Disclaimers of particular equiv-
alents.
373. Changes of the proportions in
374. The various classes of composi-
tions of matter.
375. Infringement of patents for de-
signs.
376. Comparative utility not a cri-
terion of infringement.
377. Knowledge of a patent not a
necessary element in its in-
fringement.
CHAPTER XVII.
COURTS PARTIES AND CAUSES...
378. Introductory explanation.
379. Jurisdiction of United States
courts of first resort in patent
380. Question of the jurisdiction of
State courts in patent cases
stated.
381. Supported in the affirmative
from ALEXANDER HAMILTON.
382. Supported in the negative from
Justice STORY.
383. Supported in the affirmative
from Justice WASHINGTON.
384. Supported in the negative from
Chancellor KENT.
385. Supported in the negative from
Justice FIELD.
386. Considered in the light of all
the foregoing opinions.
......
Pages 293-325
387. Supported in the negative by
the text-writer.
388. Jurisdiction of State courts
over controversies growing out
of contracts relevant to patents.
389. Jurisdiction of individual Unit-
ed States courts of first resort
in patent cases.
390. Qualifications of the rule of the
last section.
391. Jurisdiction of the Court of
Claims.
392. Question of the jurisdiction of
the Court of Claims over causes
of action based on unauthorized
making, using, or selling by the
United States Government of
specimens of a patented process
or thing.
393. Question of the jurisdiction of
United States Circuit Courts
over actions, brought against
agents of the United States
Government, and based on unau-
thorized making, using, or sell-
ing, by those agents, on behalf
of the government, of speci-
mens of a patented process or
thing.
394. Who may be a plaintiff or com-
plainant in a patent action.
395. Who may be plaintiff or com-
plainant in an action based on
an assigned accrued right of ac-
tion for infringement.
396. Executors and administrators
as plaintiffs and complainants.
397. Assignees of executors or ad-
ministrators as plaintiffs and
complainants.
398. Attorneys in fact cannot be
nominal plaintiffs or complain-
ants.
399. Owners in common as joint
plaintiffs or complainants.
400. Licensees cannot be nominal
plaintiffs, nor sole nominal com-
plainants.
401. Who may be made a defendant
in a patent action.
402. Minors, married women, and
lunatics as defendants.
403. Agents, salesmen, and employ-
ees as defendants.
404. Employers as defendants.
405. Persons as defendants who have
caused others to infringe.
406. Joint infringers as defendants.
407. What facts constitute joint in-
408. Partners as defendants.
409. Private corporations as defend-
410. Officers, directors, and stock-
holders of corporations as de.
fendants.
411. The same subject continued.
412. Stockholders of corporations.
413. Officers of corporations.
414. Directors of corporations.
415. Statutory liability of officers,
directors, and stockholders of
corporations.
416. Consolidated corporations as de-
fendants in actions based on in-
fringements.committed by their
constituent corporations.
417. Causes of action based on a
plurality of patents, or on both
terms of an extended patent.
426. In respect of the patentee,
where he is another than the
inventor.
427. In respect of the application
for the patent.
428. In respect of the letters patent.
429. In respect of a reissue.
430. In respect of a disclaimer.
431. In respect of an extension.
432. In respect of the plaintiff's
title.
433. In respect of profert.
434. In respect of infringement.
435. In respect of the time of in-
436. In respect of the damages.
437. The conclusion of the declara-
tion.
438. Substantial and not technical
accuracy required in declara-
tions.
439. Dilatory pleas.
440. Twenty-seven defences plead-
able in bar in patent actions.
441. The twenty-seven defences re-
viewed in respect of their na-
tures and effects.
442. Special pleading.
443. The general issue accompanied
by a statutory notice of special
matter.
444. Notices of special matter.
445. Defences based on facts of
which courts take judicial no-
tice, need not be pleaded.
446. The first and second defences.
447. The third defence.
448. The fourth defence.
449. The fifth and sixth defences.
450. The seventh defence.
451. The eighth defence.
452. The ninth and tenth defences.
453. The eleventh defence.
454. The twelfth defence.
455. The thirteenth defence.
456. The fourteenth defence.
457. The fifteenth defence.
458. The sixteenth defence.
459. The seventeenth defence.
460. The eighteenth defence.
461. The nineteenth defence.
462. The twentieth defence.
463. The twenty-first defence.
464. The twenty-second defence.
465. The twenty-third and twenty-
fourth defences.
466. The twenty-fifth defence.
467. The twenty-sixth defence:
estoppel.
468. Estoppel by matter of record:
res judicata.
469. Estoppel by matter of deed.
470. The twenty-sixth defence; how
pleaded.
471. The twenty-seventh defence:
statutes of limitation. [tion.
472. The national statute of limita-
473. Its operation on rights of
action based upon patents
which expired prior to July 8, 1864; and on rights of action
based upon patents which ex-
pired between that day and
July 8, 1870.
474. Its operation on rights of
action based upon infringe-
ments committed before July
8, 1870, of patents which were
in force on that day; and on
rights of action based upon in-
fringements of patents commit-
ted after that day and before
June 22, 1874.
475. Its operation on rights of ac
tion based upon infringements
of original terms of extended
patents.
476. State statutes of limitations do
not apply to any right of action
which is attended to by the
national statute; that is, to any
right of action based on an in-
fringement committed before
477. The question of the applicabi
ity of State statutes of limita-
tion to rights of action for in
fringements committed after
478. Replications, rejoinders, and
sur-rejoinders, where licenses or
releases are pleaded.
479. Replications, where the national
statute of limitation is pleaded.
480. Replications and rejoinders,
where a State statute of limita-
tion is pleaded.
481. The similiter.
482. Demurrers.
483. Demurrers to declarations.
484. Demurrers to pleas.
485. Demurrers to replications.
486. Joinders in demurrer.
487. Trial of actions at law for in-
fringements of patents.
488. Trial by jury.
489. Rules of practice.
490. Rules of evidence.
491. Letters patent as evidence.
492. Reissue letters patent are pri-
ma facie evidence of their own
validity.
493. Extensions of patents are prima
· facie evidence of their own va-
lidity.
494. Letters patent presumed to be
in force till the end of the term
expressed on their face.
495. Evidence of title.
496. Neither licenses; releases, nor
omission to mark "patented
need be negatived in a plain-
tiff's prima facie evidence.
497. Evidence of the defendant's
doings.
498. Expert evidence of infringe-
499. Hypothetical questions for ex-
perts.
500. Expert testimony relevant to
the state of the art.
501. Cross-examination of experts.
502. Evidence of damages.
503. Defendant's evidence in chief.
504. Evidence to sustain the first
defence.
505. To sustain the second defence.
506. To sustain the third defence,
when based on prior patents.
507. When based on prior printed
publications.
508. When based on prior knowl-
edge or use.
509. Rebutting evidence to the
third defence, when based on
prior knowledge or use.
510. Rebutting evidence to the
third defence, however based.
511. Evidence to sustain the fourth
512. To sustain the fifth defence.
513. The sixth defence.
514. The seventh defence.
515. The eighth defence.
516. The ninth defence.
517. The tenth defence.
518. The eleventh defence.
519. The twelfth defence.
520. The thirteenth defence.
521. The fourteenth defence.
522. The fifteenth defence.
523. The sixteenth defence.
524. The seventeenth defence.
525. The eighteenth defence.
526. The nineteenth defence.
527. The twentieth defence.
528. The twenty-first defence.
529. The twenty-second defence.
530. The twenty-third defence.
531. The twenty-fourth defence.
532. The twenty fifth defence.
533. The twenty-sixth defence.
534. The twenty-seventh defence.
535. How testimony is taken in ac-
tions at law.
536. When the judge may direct the
jury to return a verdict for the
defendant.