REPORT OF THE PATENT COMMITTEE 21 



"SEC. 4906. The clerk of any court of the United States, for any district 

 or Territory wherein testimony is to be taken for use in any contested case 

 pending in the Patent Office, shall, upon the application of any party thereto, 

 or of his agent or attorney, issue a subpoena for any witness residing or being 

 within such district or Territory commanding him to appear and testify before 

 any officer in such district or Territory authorized to take depositions and 

 affidavits at any tune and place in the subpoena stated. But no witness shaii 

 be required to attend at any place more than forty miles from the place where 

 the subpoena is served upon him; and the provisions of section eight hundred 

 and sixty-nine of the Revised Statutes relating to the issuance of subpoenas 

 duces tecum shall apply to contested cases in the Patent Office. " 



SEC. 15. That section forty-nine hundred and twenty-one of the Revised 

 Statutes be and the same is hereby amended to read as follows: 



"SEC. 4921. The several courts vested with jurisdiction of cases arising 

 under the patent laws shall have power to grant injunctions according to the 

 course and principles of courts of equity, to prevent the violation of any right 

 secured by patent, on such terms as the court may deem reasonable; and upon 

 a decree being rendered in any such case for an infringement, the complainant 

 shall be entitled to recover, in addition to the profits to be accounted for by 

 the defendant, the damages the complainant has sustained thereby; and the 

 court shall assess the same or cause the same to be assessed under its direction. 

 If proof is not offered or, in the absence of adequate proof of the amount that 

 shall be awarded as damages or profits, the court, on due proceedings had, may 

 adjudge and decree to the owner payment of a reasonable royalty or other 

 form of general damages. And the court shall have the same power to in- 

 crease such damages, in its discretion, as is given to increase the damages 

 found by verdicts in actions in the nature of actions of trespass upon the case; 

 but in any suit or action brought for the infringement of any patent there shall 

 be no recovery of profits or damages for any infringement committed more 

 than six years before the filing of the bill of complaint or the issuing of the writ 

 in such suit or action, and this provision shall apply to existing causes of 

 action. And it shall be the duty of the clerks of such courts within one month 

 after the filing of any action, suit or proceeding arising under the patent laws 

 to give notice thereof in writing to the Commissioner of Patents, setting forth 

 in order the names and addresses of the litigants, names of the inventors, and 

 the designating numbers of the patents involved, and it shall be the duty of 

 the Commissioner of Patents on receipt of such notice forthwith to indorse 

 the same upon the file wrapper of the said patent or patents and to incorpo- 

 rate the same as a part of the contents of the said file or file wrapper; and for 

 each notice required to be furnished to the Commissioner of Patents in com- 

 pliance herewith a fee of 50 cents shall be taxed by the clerk as costs of suit. " 



SEC; 16. That section forty-nine hundred and thirty-four of the Revised 

 Statutes be and the same is hereby amended to read as follows: 



