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“This was a proceeding in the District Court, under the 10th section of the act of 21st of February 1793, ch. 11, to repeal a patent right, granted to the defendant, upon the allegation, that it was obtained surreptitiously and upon false suggestion. Upon a motion, supported by affidavit, a rule to shew cause, why process should not issue to repeal the letters patent, was granted; upon the return of which the District Court, after hearing the parties, made the rule absolute; and process was ordered by the Court to issue against the defendant, to shew cause why the letters patent should not be repealed; and it was further ordered, that the applicant should tile his allegations with due specifications. A further allegation, with specifications, was accordingly filed, by way of amendment of the original complaint, and thereupon the said process duly issued. The original affidavit alleged, that the letters patent were obtained surreptitiously and upon false suggestion; and that the plaintiff was the true and original inventor of the machines in controversy.”

Case Citation

1 Mason 153