Reports of Cases Relating to Letters Patent for Inventions Determined in the Supreme and Circuit Courts of the United States Volume 1

Reports of Cases Relating to Letters Patent for Inventions Determined in the Supreme and Circuit Courts of the United States Volume 1

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1873 edition. Excerpt: ... the face of the pleadings, and from them it appears that a substantial part of the improvement was contained in the original patent. On the principles laid down in relation to the eighth and ninth pleas, the fourteenth plea is defective. The truth of the plea may be admitted, and yet the action may be maintained under section 9 of the act of I837. The claim for more than was new may have been made " by mistake, accident, or inadvertence, and without any willful default or intent to defraud or mislead the public;" and the claimant may be "the inventor of a material or substantial part of the thing patented;" and under the circumstances, the patentee, etc., may not have " unreasonably neglected or delayed to enter a disclaimer." A defense is not complete against the right of the plaintiff, under the above section, which does not deny these hypotheses. "In all actions the defendant may plead any matter which shows why the action does not lie, and which, being matter of law, is proper to be shown to the court." Bac. Ab., Pleas 9, 3, as in assumpsit, infancy, payment, etc. In these cases, from the nature of the defense, the plaintiff has implied color of action, bad, indeed, in point of law, ifthe facts pleaded be true. I Chit. Pl. 4.44. And this is the character of every plea in bar. It must show, if the facts alleged be true, that the plaintiff has no legal right to recover. In the fifteenth plea ofthe defendants, which is also to the second count in the declaration, they say, that "the mode of combining two or more circuits of electricity or galvanism mentioned and described in the specification annexed to the said letters patent as an improvement, is a substantial and material part...show more

Product details

  • Paperback | 286 pages
  • 189 x 246 x 15mm | 513g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236948041
  • 9781236948045