Yet the said D. well knowing the premises, but contriving to injure the plaintiff,' did on the [some day after the date of the patent] and at divers times before and afterwards, during the said term of fourteen years mentioned in said letters-patent, and before the purchase of this writ, at C. in the county of M. in said district of unlawfully and wrongfully, and without the consent or allowance, and against the will of the plaintiff, make [use and vend to others to be used, or did make, or did use, or did vend to others to be used, as the case may be,] the said invention [machine, improvement or discovery] in violation and infringement of the exclusive right so secured to the plaintiff by said letters-patent as aforesaid, and contrary to the form of the statute of the United States in such case made and provided, whereby the plaintiff has been greatly injured and deprived of great profits and advantages which he might and otherwise would have derived from said invention; and has sustained actual damage to the amount of , and by force of the statute aforesaid, an action has accrued to him to recover the said actual damage, and such additional amount, not exceeding in the whole three times the amount of such actual damages, as the court may see fit to order and adjudge, yet the said D., though requested, has never paid the same, or any part thereof, to the plaintiff, but hath refused, and yet refuses so to do. The propriety of making the averment of the value seems to depend upon the question whether the allegation of ownership of an article or species of personal property, or interest in it, and possession of it, imports a value to the plaintiff without specifically alleging its value; for if it does, then a ground of action distinctly appears without any such specific allegation. 1 "Contriving and wrongfully intending to injure the plaintiff, and to deprive him of the profits, benefits, and advantages, which he might and otherwise would have derived and acquired from the making, using, exercising and vending of the said invention, after the making of the said letters-patent and within the said term of fourteen years in said letters-patent mentioned." Chit. Pl. 5th ed. v. p. 766. 2 There is now but one statute. In case of others being passed, the averment should be in the plural," the statutes." 3 Act of 4th of July, 1836, ch. 357, s. 14. WHEREAS L. FORM OF THE PATENT. has alleged that he has invented a new and useful improvement [or machine, composition of matter &c.] which he states has not been known or used before his application; has made oath that he is a citizen of the United States, [or subject of some foreign government,] that he verily believes that he is the original and first inventor or discoverer of the said improvement, and that the same hath not, to the best of his knowledge and belief, been previously known or used; has paid into the treasury of the United States the sum of dollars, and presented a petition to the commissioner of patents, signifying a desire of obtaining an exclusive property in the said improvement and praying that a patent may be granted for that purpose. These are therefore to grant, according to law, to the said L. his heirs, administrators, or assigns, for the term of fourteen years from the one thousand eight hundred and day of the full and exclusive right and liberty of making, constructing, using, and vending to others to be used, the said improvement, a description whereof is given in the words of the said L. in the schedule hereunto annexed, and is made a part of these presents. In testimony whereof, I have caused these letters to be made Patent, and the seal of the Patent Office has been hereunto affixed. Given under my hand at the city of Washington, in the year of this day of our Lord one thousand eight hundred and and of the Independence of the United States of America the J. F. Secretary of State. Countersigned and Sealed with the H. L. E. Commissioner of Patents. INDEX OF SUBJECTS. ABANDONMENT, 181, 422, 423,- 427; evidence of, 407. ACTS, of congress abstract of that of 1836, 38; obsolete, 471; in ADMINISTRATORS, may take out patent, 63. AFFIDAVIT, 303; form of, 518; to petition, 405, 418; for an injunc- AGREEMENT to assign, 344. ALIENS, 69, 408. APPEAL, to examiners, 317. APPLICATION, of a principle, 101; for patent, 207. APPLICATIONS, interfering, 207, 419. ASSIGNEES, by assignment before patent taken out, 67; may apply ASSIGNMENT before taking out patent, 67. of patent, 342. AWARD, of examiners, 424. AXIOM, or abstract proposition not patentable, 109. BOUNTIES, 19. CAVEAT, 207. CENSORS, 20. CHANGE of form, 125. CITIZENSHIP, of inventor, 69, 408. COMBINATION, a subject of a patent, 115; infringement of, 420. COMPOSITIONS of matter, 113. CONFLICTING applications, 320. CONSTRUCTION, of patents, 224, 225, 226. CORPORATION may infringe, 452; injunction against, 452. COSTS, 301. COURTS, competence of, 57; jurisdiction of, 378. DAMAGES, for infringement, 435. DECLARATION for infringement, 385; form of, 520. DEDICATION, to public, 181, 422, 423, 427; evidence of, 407. DEFENCE in an action for infringement, 392. DEFINITION, of letters patent, 1. DELAY, to take patent, 181, 422, 423, 427. DISABILITIES, to take a patent, 70. DRAWINGS, 307; are evidence, 402; reference to, 293; form of EFFECT, as a subject of a patent, 108. ENCOURAGEMENT, different kinds, 18. EQUITY, remedy in, 451. EVIDENCE, in an action for infringement, 401; by plaintiff, 401; EXAMINERS, 317; their award, 424. EXECUTORS may take out patent, 68. EXPERIMENTS, delay for, 181; to test the invention, 366. FEE, 309. FOREIGN PATENT, taken by patentee, 208. FORM, change of, 125. HEIRS, may take out patent, 68. IDENTITY of machines and processes, 372; evidence of, 411. IMPORTED INVENTIONS, 59. IMPROVEMENT, patentable, 116. INFRINGEMENT, 359; by making, 361; by using, 361; in case of INJUNCTION, 451; parties, 452; affidavit for, 454. INTERFERING APPLICATIONS, 207. INVENTION, difficulties of, 9; imported, 59, 176; sufficiency of, original, 150; suggestion of, 419. INVENTIONS simultaneous, 166. INVENTORS joint 62; sole, 62; original, 65. JOINING inventions in a patent, 210, 421. JOINT invention, 62. JUDGMENT, in an action for infringement, effect of, 424, 448. |