The Patentee's Manual : Being a Treatise On the Law And Practice of Letters Patent, Especially Intended for the Use of Patentees And Inventors

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Bylands, 1 Law Rep. Eq. 308.) In Smith v. London and 8. W. B. Go. (Macr. P. C.
200 INFELSTGEMENTS.
209), Wood, V.G., decided that the right to a decree for an account of the profits made, in respect of articles manufactured and used in infringement of a patent, is ancillary to the injunction to restrain future infringe- ments ; it follows, therefore, that when the Court can- not interfere by injunctio'h, as where the patent has ex- pired before the suit comes to a hearing, the right to an accou
...nt will fail. {Price's Patent Candle Company V. Bauwen's Patent CandUe Com/pany, 4 K. & J. 727.) In such a case, however, if the plaintifi" can show that at the filing of the bill he was entitled to an' injunction, the Court wiU at the hearing grant an inquiry as to damages, under Sit Hugh Cairns' Act. {Davenport v.
Bylands, 1 Law Eep. Eq. 302.) It is a rule of the Court not to interfere until the pa- tentee's rights have been actually violated. The case of Crossley v. Beverley (W. P. C. 1. 119) shows how far the Court will go in aiding a patentee to repress infringements.


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