Ex Parte Wood and Brundage
22 U.S. 603

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U.S. Supreme Court

Ex Parte Wood and Brundage, 22 U.S. 9 Wheat. 603 603 (1824)

Ex Parte Wood and Brundage

22 U.S. (9 Wheat.) 603

Syllabus

Under the tenth section of the Patent Act of 21 February 1793, ch. 11, upon granting a rule by the judge of the district court upon the patentee, to show cause why process should not issue to repeal the patent, the patent is not repealed de facto by making the rule absolute, but the process to be awarded is in the nature of a scire facias at common law to the patentee to show cause why the patent should not repealed, with costs of suit, and upon the return of such process, duly served, the judge is to proceed to stay the cause upon the pleadings filed by the parties and the issue joined thereon. If the issue be an issue of fact, the trial thereof is to be by a jury; if an issue of law, by the court, as in other cases.

In such a case, a record is to be made of the proceedings antecedent to the rule to show cause why process should not issue to repeal the patent, and upon which the rule is founded.

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