The Washington Law Reporter Volume 27

The Washington Law Reporter Volume 27

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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. 1899 edition. Excerpt: ...or con-veyance shall be void as against any subsequent purchaser or mortgagee for a valuable consid-j eration, without notice, unless it is recorded in the Patent Office within three months from the date thereof." "Sec. 4919. Damages for the infringement of any patent may be recovered by action on the case, in the name of the party interested, either as patentee, assignee, or grantee. And whenever in any such action a verdict is rendered for the plaintiff, the oourt may enter judgment thereon for any sum above the amount fonnd by the verdict as actual damages sustained, according to the circumstances of the case, not exceeding three times the amount of such verdict, together with the costs." The special provision relied on is that part of Sec. 4919 which enacts that "damages for the infringement of any patent may be recovered by action on the case in the name of the party interested, either as patentee, assignee, or grantee." It is contended that, when a right of action has accrued to sue for damages for infringement, and that right and the patent itself have been assigned, the "grantee," meant by the statute as the "party interested," and entitled to sue in his own name is the assignee or grantee of the chose in action or right to sue. But we are unable to see that these words have any such meaning, or that the law has any such purpose as is claimed on behalf of the appellant. The "party interested" or "grantee" meant is, of course, the person whose rights have been infringed. It would be absurd to give a right of action to one who has not been injured; and certainly no assignee or grantee of a patent can be held to have been injured by an infringement of the patent which...show more

Product details

  • Paperback | 756 pages
  • 189 x 246 x 38mm | 1,324g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236747798
  • 9781236747792