Edison, Thomas A. (Thomas Alva), 1847-1931; Inventors -- United States -- Biography
There the judges are face to face with the experts and other witnesses.
They get the testimony first-hand and only so much as they need, and
there are no long-winded briefs and arguments, and the case is decided
then and there, a few months perhaps after suit is brought, instead of
many years afterward, as in this country. And in England, when a case is
once finally decided it is settled for the whole country, while here it
is not so. Here a patent having once been sustained, say, in Boston,
may have to be litigated all over again in New York, and again in
Philadelphia, and so on for all the Federal circuits. Furthermore, it
seems to me that scientific disputes should be decided by some
court containing at least one or two scientific men--men capable of
comprehending the significance of an invention and the difficulties of
its accomplishment--if justice is ever to be given to an inventor. And
I think, also, that this court should have the power to summon before it
and examine any recognized expert in the special art, who might be able
to testify to FACTS for or against the patent, instead of trying
to gather the truth from the tedious essays of hired experts, whose
depositions are really nothing but sworn arguments. The real gist of
patent suits is generally very simple, and I have no doubt that any
judge of fair intelligence, assisted by one or more scientific advisers,
could in a couple of days at the most examine all the necessary
witnesses; hear all the necessary arguments, and actually decide an
ordinary patent suit in a way that would more nearly be just, than
can now be done at an expenditure of a hundred times as much money and
months and years of preparation. And I have no doubt that the time taken
by the court would be enormously less, because if a judge attempts to
read the bulky records and briefs, that work alone would require several
days.
Public-domain text, read in full here on John Shaqi.
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