21 F. 122 | U.S. Cir. Ct. | 1884
The defendant had been employing the patented article ii\ steam-engine condensers manufactured by him for several years prior to 1875, in entire ignorance of the existence of the patent sued on. The patentee did not affix the word “patented” to the article manufactured by him, or to a label attached, or .in any other way indicate that it was patented. Several engines in steamers came into the port of San Francisco, having the article manufactured and sold, by authority of the patentee, in their condensers, without any indication that it was patented, and the defendant had often examined them. He was entirely ignorant that there was a patent upon it till the month of June, 1875. While building the condensers of the Constantine, at that time, after he had got the larger part of the patented packing in, he was notified that there was a patent upon it. This was the first information he had of the patent. He at once of
I think complainant entitled to costs. Although there was a general offer to pay the royalty, which complainant refused to accept, there was no actual tender of any specific sum of money, and no tender kept good and brought into court, such as would bo required in an action at law to relieve a party from costs. Besides, the answer raised other issues which the complainant was required to contest.
Let a final decree be entered in favor of the complainant for the amount found by the master, with costs.