APPENDIX D. Injunction. Damages. Order for destruction. I.-FORMS IN PROCEEDINGS IN AN ACTION FOR 1. INDORSEMENT ON WRIT. THE plaintiff's claim is : 1. For an injunction to restrain the defendant from infringing the plaintiff's patent, No. and dated 2. For damages for the infringement of the said patent, or alternatively that an account may be taken of all the machines made in infringement of the said patent which have been manufactured, or sold, or let for hire, or used by or by the order, or for the use and profit, of the defendant, and also of the gains and profits made by the defendant by reason of such manufacture, sale, or letting for hire or use, and that the defendant may by a day to be appointed by the Court be ordered to pay to the plaintiff the amount of such gains and profits. 3. That the defendant may be ordered upon oath to deliver up to the plaintiff, or break up, or otherwise render unfit for use, all machines or parts of machines made in infringement of the plaintiff's said patent, which are in the custody or power of the defendant, his servants, or agents. 2. NOTICE OF MOTION FOR INTERLOCUTORY INJUNCTION. In the High Court of Justice. Chancery [or Queen's Bench] Division. Take notice that this Honourable Court will be moved [if short notice of motion, by leave granted] on the day of , of or so soon thereafter as counsel can be heard by Mr. in the premises as to the Court may seem meet. I, say, 3. AFFIDAVIT IN SUPPORT OF NOTICE OF MOTION. [Title as above.] of the above-named plaintiff, make oath and 1. Letters patent dated [ were granted to me under Grant. the seal of the Patent Office for an invention entitled "improvements, &c., &c.," for a period of fourteen years from the day of . 2. At the time when the said letters patent were granted to Novelty. me the said invention was new as to the public use and exer cise thereof within this realm. 3. I am the true and first inventor of the said invention [or First inventor. John Smith or other predecessor in title of the plaintiff, was the true and first inventor of the said invention]. 4. The said invention is of great public utility. 5. [State any particular facts, such as a previous action or long user, which have a tendency to cause a presumption of the validity of the patent.] 6. On the Utility. day of the defendant infringed the Infringement. plaintiff's said patent by manufacturing [selling or using], etc. (a). (a) Evidence should be adduced by supporting affidavits in case it is deemed that the defendant has infringed the patent. In Moore v. Bennett, 1880, M., No. 94, the evidence adduced was that of several persons who had purchased brushes, 7. [The articles sold by the defendant were not manufactured by me or by my licensees or agents.] 8. I believe that the defendant means to continue the infringement of the said letters patent, whereby my trade is greatly injured; persons refusing to purchase the patented articles from me [or I am unable to grant licences, or state any other grounds of special damage arising by reason of the continued infringement]. 4. INTERLOCUTORY ORDER TO RESTRAIN INFRINGEMENT Upon motion, &c., by counsel for the plaintiff, and upon hearing counsel for the defendant [or reading an affidavit of service of notice of this motion on the defendant; or, if moved ex parte before the defendant has appeared, the writ of summons issued in this action on the day of ] [enter affidavits in support and in opposition if any], and the plaintiff, by his counsel, undertaking to abide by any order this Court may make as to damages, in case this Court should hereafter be of opinion that the defendant shall have sustained any, by reason of this order, which the plaintiff ought to pay [if so, and also undertaking to accept short notice of motion to dissolve the inInterlocutory junction hereby awarded], let an injunction be awarded to injunction. restrain the defendant T. until further order, from manufacturing any tube expanders similar to the tube expander which has been purchased by the defendant B., as in the plaintiff's writ mentioned, or otherwise constructed so as to imitate or resemble the roller expanding tool described in the specification in the plaintiff's letters patent in the said writ mentioned, and to restrain the defendants T. and B., their agents, &c., from selling or offering for sale, or otherwise parting with the custody of any tube expanders, or parts of any tube expanders, which have been so manufactured by the said defendant T. Liberty to either party to apply to expedite the hearing (b). (b) Dudgeon v. Thompson, M.R., 24th March, 1874, A. 723. Form 2. terms. On usual undertaking as to damages, let an injunction be awarded against the defendants S. and C., to restrain the said defendants, their servants, &c., until the trial of this action or further order, from either directly or indirectly making, The same on using, or putting in practice the invention described in the specification and drawings filed under the letters patent, granted to N., dated the, &c., and numbered 2190, and now vested by assignment in the plaintiff, or any part thereof, except as to any skates made by the plaintiff, or his agents or agent (c). 5. INTERLOCUTORY INJUNCTION FOR INFRINGEMENT Upon motion, &c., for injunction to restrain, &c., and the defendant, by his counsel, undertaking to keep an account of all moneys received or to be received by him, by reason of the sale or use of the parlour or roller skates in the writ mentioned, this Court does not think fit to make any order upon the said Refusal on motion, but does order that the costs of the said motion be costs in the cause (d). terms. or 6. INSPECTION, NOTICE OF MOTION FOR. witnesses. Take notice that this Honourable Court will be moved [if in the Chancery Division, before his lordship, Mr. Justice ], on the part of the plaintiff, that the plaintiff, his solicitors and agents, and two scientific witnesses, to be named in the notice Scientific hereinafter mentioned, may be at liberty at all seasonable times, and as often as may be requisite, upon giving three days' previous notice in writing to the defendants' solicitors, to enter into and upon the business premises of the defendants, where the process of decorating or printing tin or metal plates is carried on by the defendants as stated in the plaintiff's statement of claim in this action, and to inspect and examine (c) Plimpton v. Spiller, M.R., 16th March, 1876, B. 424. (d) Plimpton V. Malcolmson, M.R., 4th March, 1875, B. 421. there the whole of the process by which such printed and decorated tin and metal plates are manufactured by the defendants; and to take, on paying the reasonable charges of the Take samples. defendants for the same, samples of such plates, and upon and during such inspection to make such observations as may be necessary and expedient for the purpose of obtaining full information and evidence of the mode by which such plates are manufactured by the defendants; and that the defendants may be ordered to permit the plaintiff, his solicitors and agents, and two persons to be named as aforesaid, to enter into and upon their said premises for the purposes aforesaid, and that the costs of this application may be costs in the action (e). Costs. Machines to be worked. Samples. 7. INSPECTION, WHERE FOR A PROCESS AND TO TAKE SAMPLES. [Title as above.] [Formal parts as above] to enter in and upon the business premises of the defendants, where the manufacture of is carried on by the defendants, as mentioned in the statement of claim in this action, and to inspect and examine there the machines used by the said defendants in the manufacture of and the process by which is manufactured by the said defendants, and that the said machines process may be put to work upon such inspection, and that the plaintiff, his servants or agents, may be at liberty to take samples of the made or to be made by the said machines or process, upon paying to the defendants their reasonable charges for the same. or and 8. INSPECTION OF PLAINTIFF'S PATENTED PROCESS BY DEFENDANT. [Form of Order given in Griffin, P. C., at p. 106.] "That A. B. and one other indifferent person appointed by him and C. D., one of the defendant's solicitors, be at liberty (e) Flower v. Lloyd, 1876, A. 1254; as to inspection, see p. 310, et seq. |