guardian ad litem to represent said infant be appointed. And the plain tiff will ever pray. ALFRED R. WILLIAMS, being duly sworn, deposes and says, that he is the plaintiff named in the foregoing bill of complaint; that he has read the foregoing complaint and knows the contents thereof, and that the same is true, of his own knowledge, except as to the matters therein stated to be alleged on information and belief, and as to those matters he believes it to be true. Sworn to before me this 18th day of October, 1921. [SEAL.] JOSEPH GOLDIN, My commission expires February 4, 1927. ALFRED R. WILLIAMS. FORM XII.-BILL IN EQUITY IN PATENT CASE. [Approved by D. C. E. D. Michigan, So. Div. in 205 Fed. 158. Whether such a form would be approved by another court cannot be foretold. Cf. Maxwell S. V. Co. v. Nat. Casket Co., 205 Fed. 515.] In the District Court of the United States for the Eastern District of Michigan Southern Division. To the Honorable the Judges of the District Court of the United States for the Eastern District of Michigan Southern Division in Equity: The Zenith Carbureter Company, a corporation organized and existing under and by virtue of the laws of the State of Michigan, and having its principal office for the transaction of business in the City of Detroit, Wayne County, Michigan, and Societe Du Carburateur Zenith, a corporation of the Republic of France, having its principal office in the City of Lyon, France, bring this their bill of complaint against Stromberg Motor Devices Company, a corporation of the State of Illinois, having its principal office in the City of Chicago, Cook County, Illinois, and a branch office within the Southern Division of the Eastern District of Michigan, to-wit at number 463-465 Woodward Avenue, in the City of Detroit, Wayne County, Michigan, and thereupon your orators complain and say: 1. That Letters Patent of the United States number 907,953 were issued, on the 29th day of December, 1908, to Francois Baverey of Oullins, Rhone Department, Republic of France, his heirs and assigns for certain new and useful improvements in Carbureter for Explosive Engines, whereby there was granted to him, the said Francois Baverey, his heirs and assigns, the exclusive right to make, use, and vend the invention set forth, described and claimed therein, for the term of seventeen (17) years from said 29th day of December, 1908, throughout the United States and the territories thereof; that on or about the 20th day of August, 1910, said Francois Baverey did, by instrument in writing, thereafter duly recorded, and for a valuable consideration to him in hand paid, sell, assign and transfer his entire right, title and interest in and to said Letters Patent number 907,953, for the entire remaining term thereof to your orator, Societe Du Carburateur Zenith, a corporation of the French Republic, having its principal office at Lyon, France; and that thereafter, to-wit, on or about the 10th day of July, 1912, said Societe Du Carburateur Zenith did by instrument in writing, and for a valuable consideration to it in hand paid, granted unto your orator, The Zenith Carbureter Company, an exclusive license to make, use, and vend carbureters of the type set forth, described and claimed in said Letters Patent number 907,953, for their full remaining term, throughout the United States and the territories thereof, together with all privileges and rights of action as may have accrued thereunder subsequent to the first day of July, 1911, and previously to the date thereof. A printed copy of the specification and drawings of said Letters Patent number 907,953 is hereunto annexed and made a part of this bill; and profert is hereby made of said instrument of assignment and of said exclusive license hereinabove referred to, or of duly certified copies thereof, to be produced in Court when necessary. 2. That your orator, The Zenith Carbureter Company, was organized under the laws of the State of Michigan on July 3, 1911, and that it at once proceeded to manufacture and place upon the market carbureters of the type set forth, described and claimed in said Letters Patent number 907,953, that it has invested large sums of money in the equipment of a plant for such manufacture, and in advertising and otherwise bringing its products to the favorable attention of prospective buyers and users and has built up a large, lucrative, and expanding business based wholly and entirely on the one type of carbureter characterized by the disclosures of said Letters Patent number 907,953. 3. That said Stromberg Motor Devices Company, well knowing the premises and the rights of your orators, Zenith Carbureter Company, and Societe Du Carburateur Zenith, therein and thereto, with the intent of injuring your orator and to deprive them of the benefits and advantages which might and otherwise could accrue unto them from its rights in and to said Letters Patent number 907,953 as aforesaid, has, since said 1st day of July, 1911, and before the commencement of this suit, unlawfully, and without license or allowance by, and against the will of, your orators, and in infringement of their rights as set forth in and by said Letters Patent number 907,953, committed acts of infringement, to-wit, making, using and selling, and offering and importing into the said Eastern District of Michigan, for use and sale, and preparing, aiding, and encouraging others so to do, within the Southern Division of the Eastern District of Michigan, and elsewhere in the United States, carbureters for explosive engines constructed in accordance with the disclosures of said Letters Patent 907,953 and embodying the invention and improvements set forth, described and claimed therein, and that said Stromberg Motor Devices Company, is now continuing so to do, and is preparing and threatening so to do in the future, and that said Stromberg Motor Devices Company, though repeatedly advised and warned of your orator's rights in the premises, and requested to abstain from and cease its infringing acts and operations has disregarded such notice and warnings, and has refused to cease its infringing and unauthorized acts, all of which is contrary to equity and good conscience, and in violation of your orator's rights, as stated; and that said Stromberg Motor Devices Company, has failed and refused to pay over unto your orators all or any of the profits that have accrued to it in consequence of its unauthorized and infringing acts; and further that but for said Stromberg Motor Devices Company, said unlawful and unauthorized acts, your orators would still be in the undisturbed possession, use, and enjoyment of the exclusive privileges secured to them as owner of, and exclusive licensee under, said Letters Patent number 907,953, and in receipt of the profits accruing therefrom, all of which works great and irreparable injury to your orators and to their rights in the premises. 4. To the end, therefore, that said Stromberg Motor Devices Company may, if it can, show reason why your orators should not have relief, may it please your honors to bring said defendant, Stromberg Motor Devices Company before this Court by process of subpoena, there to make full, true, direct and perfect answer to the several matters and things herein set forth and charged (though not under oath, same being hereby expressly waived), and that it be decreed to account for and pay over to your orators the income and profits thus unlawfully derived, or which might and otherwise would have been accrued by your orators but for the unlawful and unauthorized acts of said Stromberg Motor Devices Company and that said herein above named Stromberg Motor Devices Company be required to produce its full records and accounts of all kinds touching upon and concerning its unlawful and unauthorized acts, for the guidance of the Court in determining the amount justly due to your orators in consequence thereof, and further that said defendant, Stromberg Motor Devices Company may be restrained from any further violation of your orator's rights in the premises, may it please your honors to grant a writ of injunction issuing from and under the seal of this Honorable Court, perpetually enjoining and restraining said Stromberg Motor Devices Company, its officers, employees, attorneys, agents and representatives of every kind and grade, from further manufacture, use or sale, in any manner, or attempts thereat, or offers, negotiations or encouragement theretowards, in violation of your orators' right as aforesaid; and for the further protection of their rights, your orators pray that a provisional or temporary injunction or restraining order be issued, restraining the said Stromberg Motor Devices Company, its officers, employees, attorneys, agents and representatives of every kind and grade from any further infringement of said Letters Patent, pending this cause; and it further prays for such other and further relief as the equities of the case may require and to your honors may seem meet. And your orators will ever pray, etc. Victor R. Heftler, being first duly sworn, deposes and says that he is President and Treasurer of the Zenith Carbureter Company, one of the complainants in the above entitled cause, and that, though he holds no office in said Societe Du Carburateur Zenith, the French corporation named as the other complainant herein, he is generally and specially authorized to act for it and on its behalf in the commencement of suit by and through the foregoing bill of complaint; that he has read the same, subscribed by him on behalf of each complainant therein named, and knows the contents thereof and that the same is true of his own knowledge except such as are stated on information and belief, and as to those he believes it to be true. VICTOR R. HEFTLER. Subscribed and sworn to before me at Detroit, Wayne County, Michigan, this 1st day of February, 1913. [NOTARIAL SEAL.] (Signed) ENOCH SMITH, Notary Public, Wayne County, Michigan.1 The following forms in patent cases in use in the Chancery Division of the High Court of Justice of England. They have been furnished to the author by the well known patent expert, Dr. George H. Benjamin. Whether they would be approved by the Federal Courts is a question not yet decided. STATEMENT OF CLAIM. In the High Court of Justice, Chancery Division. Between Albert Jones, Plaintiff, and William Dickson, Defendant. 1. The defendant has infringed and threatens to infringe the plaintiff's letters patent No. 36728 of 1907, granted for an invention entitled "IMPROVEMENT IN DRILLING MACHINERY." Particulars of breaches are delivered herewith. 2. The plaintiff claims: (1) An injunction to restrain the defendant, his servants and agents, from infringing the said letters patent. (2) An inquiry as to the damages sustained by the plaintiff by reason of such infringement, or, at the option of the plaintiff, an account of the profits made by the defendant. (3) That the defendant may be ordered to deliver up forthwith to the plaintiff all articles in his possession or power made in infringement of the said letters patent, or that the said articles may be ordered to be destroyed. (4) Costs. PARTICULARS OF BREACHES. In the High Court of Justice, Chancery Division. Between Albert Jones, Plaintiff, and William Dickson, Defendant. The following are the particulars of the breaches complained of in the statement of claim herein: 1. The defendant on or about the 16th day of February, 1911, at his factory at Lewes, in the County of Sussex, manufactured the drilling machinery which forms the subject-matter of all of the claiming clauses in the specification of the plaintiff's patent. 2. On the 30th day of January, 1912, the defendant sold to John Doe of 60 Chancery Lane, London, a drilling machine manufactured by the defendants which forms the subject-matter of the plaintiff's patent. The plaintiff will rely upon this machine as an instance of the type of the infringement committed by the defendants. STATEMENT OF DEFENSE. In the High Court of Justice, Chancery Division. Between Albert Jones, Plaintiff, and William Dickson, Defendant. (1) The defendant did not infringe the patent. (2) The invention was not new. (3) The plaintiff was not the first or true inventor. (4) The invention was not useful. |