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23. JUDGMENT FOR PERPETUAL INJUNCTION UNDER THE
PATENT LAW AMENDMENT ACT, 1852, RESTRAINING IN-
Let an injunction be awarded to restrain the defendant, his servants, &c., during the continuance of the said letters patent granted to N., dated, &c., from using or exercising, or causing, or permitting to be used and exercised the invention described in the hereinbefore-mentioned specification and drawings of the said N., and from selling, letting for hire, or making any profitable use, or permitting the sale, letting for hire, or profitable use,
roller or runner skates not made by the plaintiff or his licensees, and having applied thereto rollers or runners in manner described and for the purposes mentioned in the said specification, or fitted with any apparatus for causing the skate to run in a curved line in the manner described in the said specification and drawings, or differing therefrom only colourably and by the substitution of mere mechanical equivalents; and let an account be taken of all roller skates being the same as the skates sold by the defendant to G., as in the pleadings mentioned, or otherwise made in infringement of the said letters patent, which have been manufactured, or sold, or let for hire, by or by the order, or for the use or 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 : and let the defendant within [seven] days after the service upon him of the chief clerk's certificate of the result of such account pay to the plaintiff the amount of such gains and profits, and let the defendant forthwith upon oath deliver to the plaintiff, or break up, or otherwise render unfit for use, all roller skates or parts of the roller skates so manufactured or let for hire, by or by the order or for the use of the defendants in infringement of the said letters patent as aforesaid, which are in the possession, custody, or power of the defendant, or his servants or agents. Defendant to pay to plaintiff costs of suit (1).
t) Plimpton v. Malcolmson, M.R., 28th Jan., 1876, B. 381.
24. JUDGMENT FOR PERPETUAL INJUNCTION UNDER
PATENT LAW AMENDMENT ACT, 1852, RESTRAINING
TO BE SPECIFIED BY AFFIDAVIT. Let an injunction be awarded to restrain the defendant, S., Injunction. during the continuance of the letters patent, and any extension of the term thereof, from using or exercising, &c., and from in any manner infringing the rights and privileges granted by the said letters patent ; defendant within seven days to specify by affidavit what apparatus constructed or arranged according to the said invention and improvements, or only colourably differing from those described in the said specification and drawings, have been manufactured by or by the order or for the use of the said defendant as in the writ mentioned, and are in the possession, custody or power of the said defendant or his ser. vants or agents ; defendant within [seven) days after filing Delivery up
of articles. such affidavit to deliver up to the plaintiff's all such pulleys or apparatus (u).
25. JUDGMENT FOR PERPETUAL INJUNCTION UNDER THE
PATENT LAW AMENDMENT ACT, 1852, RESTRAINING
OF PROFITS-CERTIFICATE FOR FULL Costs. And the parties having, on the day of , proceeded to a trial of the questions of fact directed to be tried by the order dated, &c., before this court by a jury, when the jury found that [finding for the plaintiff upon all the issues]. And upon Findings of reading the letters patent, dated, &c., and the complete speci- jury. fication, dated, &c., in the writ respectively mentioned, an affidavit of the plaintiff's, &c. [enter evidence], this court doth Evidence. order [and] decree [and adjudge] that an injunction be awarded to restrain the defendant, O., his agents, servants, Injunction. &c., during the subsistence [continuance] of the plaintiff's
(u) Tangye v. Stott, V.-C. W., 12th Feb., 1866, B. 461.
Order to inspect and mark. Account.
letters patent in the writ mentioned, or any extension thereof,
26. JUDGMENT FOR THE DEFENDANT.
[Formal parts as above.] The action having on the day of been tried before Mr. Justice (and a common or special jury of the county of , and the jury having found a verdict for the defendant on the issues] and the said Mr. Justice having ordered that judgment be entered for the defendant on the issues (cer
(x) Needham v. Oxley, V.-C. W., 24th June, 1863, 1395.
tificate as to particulars of objections as in form]: therefore it is adjudged that the plaintiff recover nothing against the defendant, and that the defendant recover against the plaintiff £ for his costs of defence.
27. CERTIFICATES NECESSARY UNDER SECT. 29, SUB
SECT. 6, OF THE PATENTS, &c., Act, 1883, [Form of judgment for perpetual injunction, accounts of profits
and damages as above.] It is certified that the plaintiff has proved to the satisfaction of the Court the breaches mentioned in the particulars of breaches delivered by him, and numbered respectively, 1, 2, 3, 4, and 5, and that the particulars numbered 6 and 7 were, under the circumstances of the case, reasonable and proper.
[Form of judgment for defendant as above.) It is certified that the defendant has proved to the satisfaction of the Court the objections mentioned in the particulars of objections delivered by him, and numbered respectively 1, 2, 3, 4, and 5, and that the objections numbered 6 and 7 were, under the circumstances, reasonable and proper.
28. CERTIFICATE OF VALIDITY UNDER SECT. 31 OF THE
PATENTS, &c., ACT, 1883. I hereby certify, pursuant to the 31st section of the Patents, Designs, and Trade Marks Act, 1883 (46 & 47 Vict. c. 57), that upon the trial of this action, the validity of the letters patent, in the pleadings mentioned, dated the 28th November, 1878, and numbered 4,847, granted to F. J. C., amended by disclaimer allowed 12th November, 1884, and now vested in the Edison and Swan United Electric Light Co., Limited, came into question. Dated this 16th day of July, 1888.
E. E. KAY.
II.-FORMS IN AN ACTION TO RESTRAIN
29. INDORSEMENT ON WRIT. The plaintiff's claim is :
1. For an injunction restraining the defendant from, by circulars, advertisements, or otherwise, threatening to take legal or other proceedings against persons manufacturing, using, or selling an alleged invention of the defendants, to wit, The said threats being to the prejudice of the plaintiff
. 2. For damages in respect of the injury sustained by the plaintiff by reason of the circulars, advertisements, or other threats of the defendant to take legal or other proceedings against persons manufacturing, using, or selling the said alleged invention.
30. INTERLOCUTORY INJUNCTION TO RESTRAIN THREATS.
Upon motion &c., let an injunction be granted to restrain the defendant personally, or by his servants, agents, and workmen, by circulars, letters, or otherwise, from threatening any person with legal proceedings or liability in respect of the manufacture, use, sale, or purchase of a certain tap union of which the plaintiff was the patentee, and from interfering by such threats or otherwise with the manufacture, use, sale, or purchase of the plaintiff's invention (y).
[Another Form.] Upon motion, &c., let an injunction be granted to restrain the defendant personally or by his servants, agents, and workmen, until further order, from issuing the circular dated 15th December, 1888, and from, by means of circulars, letters, or otherwise, threatening any person with proceedings or liability in respect of the following papers manufactured by the plaintiff (2).
Other forms in an action to restrain threats are similar to those given under the heading of “Forms in an Action for Infringement."
A particular circular.
(y) Challender v. Royle, L. R. 36 Ch. D. 425.
(2) Colley v. Hart, 6 P. O. R. 17.