The distinction in equity is, that where the validity of a patent has not been the subject of any legal proceedings, the patentee must prove its validity at law, before the Court of Equity will protect him ; but having once established its validity, then the Court of Equity will protect any other person until that person proves its invalidity,
Citations:
[1866] EngR 135, (1866) 35 Beav 427, (1866) 55 ER 961
Links:
Jurisdiction:
England and Wales
Intellectual Property, Equity
Updated: 05 December 2022; Ref: scu.280846