This is a suit in equity, brought April 19, 1878, in the circuit court of the United States for the district of California, by George W. White, a citizen of California, against Ira P. Rankin, A. P. Brayton, John Howell, and James M. Thompson, citizens of California, for the infringement of letters patent No. 44,145, granted to George W. White and Austin G. Day, as assignees of George W. White, the inventor, September 6, 1864, for 17 years from August 23, 1864, for an 'improved apparatus for roasting and reducing ores;' and also for the infringement of letters patent No. 46,287, granted to George W. White, as inventor, February 7, 1865, for 17 years from that day, for an 'improved apparatus for calcining ores.' All of the interest of Day in patent No. 44,145 was conveyed by him to White before September 20, 1876.
The bill is in the usual form of bills in equity for the infringement of letters patent. It alleges that the defendants, since September 20, 1876, and before the filing of the bill, without the license of the plaintiff and without any right so to do, have manufactured, used, and sold machines embracing the inventions covered by both of the patents, and infringing the same. It contains no mention of or reference to any contract with the defendants for their use of either of the patents. The prayer of the bill is in the usual form, for a perpetual injunction, an account of profits, an assessment of damages, and an increase of the latter to an amount not exceeding three times the sum at which they shall be assessed. It also prays for a discovery from the defendants as to the number of furnaces they have made since September 20, 1876, how the same were constructed, whether they have not on hand alarge number, and how many, of such furnaces, and how the same are constructed.
The defendants demurred to the bill on the ground that it showed no case for a discovery or for relief, and that the discovery demanded was in aid of the enforcement of a penalty. The demurrer was sustained as to discovery, with leave to the plaintiff to amend. The bill was then amended by striking out the prayer for an increase of damages and by waiving all right to a penalty.