Nathan Clifford

“ But whenever the defendant relies in his defence on the fact of a previous invention or knowledge or use of the thing patented, he is required to 'state in his notice of special matter the names and places of residence of those whom he intends to prove to have possessed a prior knowledge of the thing, and where the same had been used.' Two written notices were accordingly given by the defendants of special matter to be offered in evidence by them at the trial, in support of the first ground of defense set up in the answer to the declaration. ”

“ All the information the record gives is, that this Morrill 'had, as a witness in said case, given material evidence for the defence on said trial.'
There is nothing more common than for a witness called by one party to give 'material evidence' for the other party. This is constantly done on cross-examinations, and often by the party opposed to the one calling the witness, making him his own witness as to certain facts.
A party cannot impeach a witness called by himself, by proving him unworthy of belief. ”

“ For all purposes connected with this investigation, it must be assumed, under the finding of the jury, that the plaintiffs were not entitled to any damages whatever; and if not, then the evidence excluded by the ruling of the court was entirely immaterial. But the evidence was properly rejected on the ground assumed by the presiding justice.
Counsel fees are not a proper element for the consideration of the jury in the estimation of damages in actions for the infringement of a patent right. ”

“ Upon this state of the pleadings the parties on the twentieth day of October, 1857, went to trial, and the jury, under the rulings and instructions of the presiding justice, returned their verdict for the defendants. After the plaintiffs had introduced evidence tending to prove the alleged infringement of their patent, they claimed that counsel fees were recoverable as damages in this action, and offered proof accordingly, in order to show what would be a reasonable charge in that behalf. ”