Patent Cases Determined in the Supreme Court of the United States: Including Copyright and Trade-mark Cases, and a Table of All American Patent, Copyright, and Trade-mark Cases which Have Been Cited, Affirmed, Or Reversed, Volumen2W.H. & O.H. Morrison, 1875 |
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Página 1
... action against him ; because , he says , that since the commencement thereof and before the 17th day of May , 1859 , to wit , on the day of the said John R. Moffitt surrendered to the United States the patent before that time issued to ...
... action against him ; because , he says , that since the commencement thereof and before the 17th day of May , 1859 , to wit , on the day of the said John R. Moffitt surrendered to the United States the patent before that time issued to ...
Página 2
... action may still be main- tained for infringements committed before the surrender or aban- donment . If the patentee surrenders his patent at the end of six years , it is the same as if it had been originally granted to him for six ...
... action may still be main- tained for infringements committed before the surrender or aban- donment . If the patentee surrenders his patent at the end of six years , it is the same as if it had been originally granted to him for six ...
Página 3
... action . The application of these principles to the present case is obvious . The plea avers a simple surrender of the patent , made two months after an action had been actually brought to recover damages for a previous infringement ...
... action . The application of these principles to the present case is obvious . The plea avers a simple surrender of the patent , made two months after an action had been actually brought to recover damages for a previous infringement ...
Página 5
... action , or a continuing cause of action after the surrender . We do not aver that , at the commence- ment of the suit , the plaintiff's patent was void ; but we merely say , that , after the suit was brought , the plaintiff surrendered ...
... action , or a continuing cause of action after the surrender . We do not aver that , at the commence- ment of the suit , the plaintiff's patent was void ; but we merely say , that , after the suit was brought , the plaintiff surrendered ...
Página 6
... action so far as the old patent is concerned , for there is no reservation of any right , either for prior or subsequent infringements , or for actions pending , to be asserted upon the old patent after the sur- render . The only rights ...
... action so far as the old patent is concerned , for there is no reservation of any right , either for prior or subsequent infringements , or for actions pending , to be asserted upon the old patent after the sur- render . The only rights ...
Otras ediciones - Ver todas
Patent Cases Determined in the Supreme Court of the United States Charles Sidney Whitman Vista previa limitada - 2024 |
Patent Cases Determined in the Supreme Court of the United States Charles Sidney Whitman Vista previa limitada - 2024 |
Términos y frases comunes
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Pasajes populares
Página 735 - ... not known or used by others in this country before his invention or discovery thereof, and not patented or described in any printed publication in this or any foreign country, before his invention or discovery thereof...
Página 15 - that the laws of the several States, except where the Constitution, treaties, or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States, in cases where they apply.
Página 723 - An Act for the more effectual Abolition of Oaths and Affirmations taken and made in various Departments of the State, and to substitute Declarations in lieu thereof, and for the more entire Suppression of voluntary and extra-judicial Oaths and Affidavits;' and to make other Provisions for the Abolition of unnecessary Oaths.
Página 740 - ... remedy by bill in equity ; and the court having cognizance thereof, on notice to adverse parties and other due proceedings had, may adjudge that such applicant is entitled, according to law, to receive a patent for his invention, as specified in his claim, or for any part thereof, as the facts in the case may appear. And such adjudication, if it be in favor of the right of the applicant, shall authorize the Commissioner to issue such patent on the applicant filing in the Patent Office a copy...
Página 742 - Fourth. That he was not the original and first inventor or discoverer of any material and substantial part of the thing patented; or, Fifth.
Página 742 - The several courts vested with jurisdiction of cases arising under the patent laws shall have power to grant injunctions according to the course and principles of courts of equity, to prevent the violation of any right secured by patent, on such terms as the court may deem reasonable...
Página 741 - 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...
Página 243 - That any person or persons having discovered or invented any new and useful art, machine, manufacture, or composition of matter, or any new and useful improvement on any art, machine, manufacture, or composition of matter...
Página 18 - No person shall be disqualified as a witness in any civil or criminal case or proceeding by reason of his interest in the event of the same as a party or otherwise or by reason of his having been convicted of any crime; but such interest or conviction may be shown for the purpose of affecting his credibility...
Página 325 - The Commissioner may, in his discretion, cause several patents to be issued for distinct and separate parts of the thing patented...