Miller v. Rudolph Wurlitzer Co.

BURKE, District Judge.

This is a suit in equity based upon the alleged use by the defendant of confidential information imparted to it by the plaintiffs whereby the defendant has secured a patent embracing plaintiffs’ inventions relating to coin-operated motion picture projectors. The defendant moves to dismiss the complaint for failure to state a claim upon which relief can be granted.

The material allegations of the complaint may be briefly stated as follows: The plaintiffs submitted to the defendant in confidence copies of two patent applications and on January 7, 1938, entered into a…