Vaughan v. Central Pac. R.

SAWYER, Circuit Judge.

This is a bill in equity seeking an account and recovery of the gains and profits resulting to the defendant from the use of an “improvement in the mode of operating brakes for cars, or railway carriages,” patented by the plaintiff’s assignor, whose patent defendant is alleged to have infringed. The term of the extended patent expired October 4, 1870, and the infringement complained of occurred before that date.

The defendant demurs to the bill on the ground, mainly, that, upon the facts alleged, the complainant has a plain, adequate and complete remedy at law, and,…