The Weekly Arizonian., 1870-10-22

~ges tne complainant has sustained thsrabv end tks court shall assess the same or cause the same to be assessed under its direction and the court shall have the same powers to in crease the same in its discretion that are pivsn by this actto increase the damages found bv verdcts Tn sctiOns upon the ease; but all a.. tiops shall be brought during the term for which the letters, patent shall be granted or extend- co, or within six years alter the expiration thereof
 SEC. 56 And bsit further enacted, That s writ Of error or appeal to the Supreme Court st the United Stass shall lie from all iudg- ments and decrses of any circuit court, or of any district court exercising the jurisd ction Of a circuit court, or of the supreme court of tho District of Columbia or of any Territory in any action, suit, controversy, or ease at law CT In eqoity, touching patent rights, in the same msuuer and under the same circumstances az in othsr judgments and decress of such cir cut courts, without regard 10 the suas of valas in controversy
 SEC. 5T. And be it further enacted, That written or printed copies of any records, books, papers or drawing beoAging of the Patent Office, and ot letters-pateut under the sigma nature of the Nommlssi0nar or Acting Com missioner, with the seal sf office afix ei, shall be competent evidencein all cases wherein the originals could bs evidence, and any person making application therefor, and paying she fec required by law, bbAll have certified copies thereof. And copies of the specifications and drawings of foreign etterE~ patent, certified in like manHer. sha,l bs prime iScie esidsnos of the fact of inc granting ot such foreign letters patent, and of the data and contents thereof
 SEC. 58. And bs 1t further enacted, That whenever there shall be interfering patents, any person interested in any ops of such ill., terfering pa,enss, or in tie working Of ths in venton claimed under either ef such patents, may have rBst against ths interfering pstea- tee ,end. al arliss interested uudas htn, by sui, in equity against tho owners of the inter- ing patent and the court having csguizsnce thereof hsreinbsfore provided, on notice to adversS partias, Rnd cgaer due proceedings according jo thz coursa Uf equity, may d judge and declare either ol the patents void in whole Or in part or inogsrs live. or 1nvsiid in any particular psr' of ths UniJsd States, Rc- c0rding 0 he interest of the parties ? thS patent or the invention patented But no such judgment Or edudicq tion sha!; aiEscl the rights oi any person sxcspt;he Farlirs to the suit and those deriving tit:a uader tbens subsequent |, tho rendition of such iadg- ment
 SEC. 59 And ba it further enacted, That damAges for the infringement of any patent may be recovered by action On tho case in any circuit cOuct of tho United States or district court exercising the jurisdiction of ' circuit court, CT in tue supreme court cf he District of COumbi5, O. Of aRy Territory, in the name sf the party interested, oithsF ss patentee, assignee, or grantee. And Nhen- eyer in any nuch aotoa verdict shai be rendered fer the plaintiff, the court may en. ter judgment thareon for any sum above the amount found by the verdict as be actual dam ages sustained, according to the sircum- stances of the case not excasding three tix,es the amount of such verdict, together with the costs.
 SEC. 60. Aud bs is further enacted, That whenever, through inadverteuce, accident or mistake, eRd without any wigful default or intent to detraud or mislead She rubHc, a patentss stall have Gin his specification claimed to be the original and first inveator oH discoVsrer of any material or substantial part of the thing patented, of which he was not the erigiRal and first inventor or dis covsrer ss aforesaid, avery such patentes, his executors, admins trGtcrs, and assigns, whsth- CT of ths whole or any sectional interest in ths patent, may maintain suit at law or ill equity, for the infringement of any part thereof which was bona ids his own, provided 1t shall be material and substantial part ofthe thing patented. and be definitely distiguishable from the parts so claimed, without right as etores said, notwithstanding the specifications may embrace more than that of which the pgtentss wac the original or first inventor or discover sr. But in every such ease in which a iudg- msnt or decree shall bs rendered for the plain tif, TO eoste shall be recovered unless the proper disclaimer haa been entered at tbs Patent Office before the commencement of the l suit; nor shall hs he entitled to the benefits of shis section if he shall have unrsAsonsbly neglected or delayed to onter said aiscIsimsr l
 eEc. 6l. And be it further enacted. Tha. in any action for infringement the defendant 1 may plead the general issus, and having given notice ln writing to ths plaintiff or his attorney thirty daya before, may prove on trial any one sr mere sf tAs fsilo~ing spe.ial aa4lsrE