By sec. 26 of the Patents Act 1890 it is provided that "Where an amendment by way of disclaimer correction or explanation has been allowed under this Act no damages shall be given in respect of the use of the invention before the disclaimer correction or explanation unless the patentee establishes to the satisfaction of the Court that his original claim was framed in good faith and with reasonable skill and knowledge." In an action brought claiming damages for infringement of a patent, the defendant, among other defences, set up the following defence in paragraph 10:—"That the original claim for the said alleged invention was not framed in good faith and with reasonable skill and knowledge." In the particulars furnished by the defendant it was alleged that the plaintiff was not entitled to damages for infringement "prior to the 3rd May 1899, the date of the amendment of the said patent."