Pierce Butler

“ Plaintiff's patent is invalid because the claims on the control lever were not inserted in the application until five and one-half years after filing, while the device came into general use in the United Stats prior to that time.
Validity and infringement are ultimate facts on which depends the question of liability. [6] In actions at law they are to be decided by the jury. If the evidence is not sufficient to establish validity and infringement, it is the duty of the trial court to direct a verdict for defendant. ”

“ On defendant's motion, the court amended its conclusion of law to read: 'Upon the foregoing special findings of fact, which are made a part of the judgment herein, the court decides as a conclusion of law that the plaintiff's patent is valid and has been infringed by the United States and that he is entitled to compensation therefor under the act of June 25, 1910.' It filed an opinion in which it states: 'In conclusion we hold that the patent in suit is valid and has been infringed by the defendant.' 81 Ct.Cl. ”

“ Rule 41, pars. (3) (4) .↑ Anglo-American Land, M. & A. Co. v. Lombard (C.C.A.) 132 F. 731, 734. See Ross v. United States, 12 Ct.Cl. 565, 571, 572. Clementson, Special Verdicts, pp. 209, 215.↑ French v. Edwards, 21 Wall. 147, 151, 22 L.Ed. 534; Sun Mutual Ins. Co. v. Ocean Ins. ”