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THE
LAW OF PATENTS
FOR
USEFUL INVENTIONS.
BY
WILLIAM C. ROBINSON, LL.D.,
"
PROFESSOR OF LAW IN YALE UNIVERSITY.
IN THREE VOLUMES.
VOL. III.
Felix qui potuit rerum cognoscere causas. — -VIRG. Georg. ii. 490.
BOSTON:
LITTLE, BROWN, AND COMPANY.
Copyright, 1890, BY WILLIAM C. ROBINSON,
UNIVERSITY PRESS: JOHN WILSON AND SON, CAMBRIDGE.
TABLE OF CONTENTS.
VOLUME III.
BOOK IV.
OF WRONGS AND REMEDIES.
§ 846. Laws for the Protection and Vindication of the Rights of Owners
of Patented Inventions Liberally Construed and Applied . . .
847. Protection of the Rights of an Inventor in his Unpatented In-
848. Protection of the Rights of an Inventor in his Patented Invention
849. Protection of the Contract Rights of the Inventor and his Trans-
ferees.
7
850. Protection of the Contract Rights of Assignors and Assignees
851. Protection of the Contract Rights of Licensors and Licensees
852. General Division of the Subject of Wrongs and Remedies
853. Remedies for Certain Wrongs Afforded by Federal Courts: for
Other Wrongs by State Courts: this Distinction Preliminary
CHAPTER I.
OF THE JURISDICTION OF THE FEDERAL AND STATE
COURTS OVER ACTIONS WHICH RELATE TO PAT-
ENTED INVENTIONS.
$854. Federal Jurisdiction where Parties are Citizens of Different States:
this Jurisdiction not Exclusive
9
855. Federal Jurisdiction Exclusive over all Cases Arising under the
Patent Laws. . .
856. Cases Arising under the Patent Laws are Cases Affecting the
Monopoly Created by such Laws.
10
857. Three Classes of Cases Affect the Monopoly
12
858.
Controversies Collateral to Cases not Embraced in one of these
Three Classes are not Cases Affecting the Monopoly
859. An Action to Repeal a Patent is a Case Affecting the Monopoly . 15
14
M299852
§ 860. An Action to Annul an Interfering Patent is a Case Affecting the
Monopoly..
861. An Action for Infringement is a Case Affecting the Monopoly . .
862. Cases Affecting the Monopoly are within the Exclusive Jurisdiction
of the Federal Courts though Involving Collateral Controversies
not Arising under the Patent Laws
863. Cases Affecting the Monopoly not Brought within the Jurisdiction
of State Courts by Consent of Parties.
864. Actions for Breach of Contract, or for Tort to the Patented Article,
are not Cases Affecting the Monopoly
865. Actions for Breach of Contract, and for Torts to the Patented
Article, are within the Jurisdiction of State Courts.
866. Original Jurisdiction over Cases Arising under the Patent Laws
is Vested in the Circuit Courts, and other Courts having Circuit
Court Powers
CHAPTER II.
OF WRONGS AGAINST UNPATENTED INVENTIONS.
§ 867. The Right of an Inventor to Preserve the Secret of his Invention
Rests on Natural Law
868. Forcible or Fraudulent Discovery of a Secret Invention Violates
the Inventor's Rights
869. Remedies for the Forcible or Fraudulent Discovery of the In-
ventor's Secret . .
27
870. The Right of an Inventor to the Preservation of his Secret by
those to whom he has Confidentially Communicated it.
871. The Disclosure or Misuse of an Inventor's Secret by those to
whom it was Confidentially Communicated is a Breach of Trust
and Actionable . .
872.
873.
Remedies for the Disclosure or Misuse of the Inventor's Secret
The Right of an Inventor to his Secret Protected though the
Secret Invention is not Patentable
874. The Right of an Inventor to his Unpatented Invention Forfeited
by its Unrestricted Disclosure to Others unless Protected by
Statute..
875. The Right of an Inventor to his Unpatented Invention, notwith-
standing its Unrestricted Disclosure to Others, Protected by
Statute during, and for Two years Prior to, his Application for
a Patent
31
876. Three Views of the Inventor's Right to his Disclosed Invention,
under this Statute, During and Prior to his Application for a
Patent
-
877. First View, - Temporary Abandonment and Resumption, Un- tenable.
878. Second View, - that Violations of this Right are Infringements
for which an Action will lie after the Patent is Granted,
Objectionable