The Law of Patents for Useful Inventions Volume 3

The Law of Patents for Useful Inventions Volume 3

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1890 edition. Excerpt: ...If the 13 Fed. Rep. 879; Roberts v. Buck court hears the evidence, either directly (1873), 3 0. G. 268; Holmes, 224; 6 or through depositions, its decision Fisher, 325. upon the facts is at once primary and court may hear the testimony of the witnesses orally, or it may be offered in the form of depositions.2 Feigned issues may be framed and sent to a jury in a court of law, or submitted to a special jury impanelled in the court of equity.8 If the witnesses are examined in open court before the judge alone, the procedure is the same as in any other viva voce trial. Depositions are taken before some proper officer, or other person appointed for that purpose by the court or by the parties, and transmitted in the usual manner to the clerk for publication and for presentation to the court in connection with the arguments of counsel.4 The trial of feigned issues to a jury, whether in the court of equity or law, is a proceeding of a peculiar character, and in reference to patent cases is still of practical importance. 1125. Trial by Jury on Feigned Issues. In the earlier periods of patent litigation the courts of equity, in deference to the statute of Jac. I., referred all questions concerning the patentability of the invention, the validity of the patent, the title of the plaintiff, the fact of infringement, and the amount of damages, to the decision of the courts of law, and afforded equitable relief only for the protection of the plaintiff during the litigation and for the final. Where the facts are first passed upon by a jury, whether on a feigned issue at law or under the act of 1875, the verdict is merely advisory, and may be departed from by the court. See Watt v. Starke (1879), 101 U. S. 247; 17 0. G. 1092; Goodyear v. Providence Rubber...show more

Product details

  • Paperback | 460 pages
  • 189 x 246 x 24mm | 816g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • Illustrations, black and white
  • 1236557964
  • 9781236557964