Sherover v. John Wanamaker

LEIBELL, District Judge.

Plaintiff, holder of two patents, sues for an alleged infringement thereof by defendant “selling mattresses embodying the patented inventions”. Defendant prior to answering the complaint makes two motions — one under Rule 12(e) of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, for a- more definite statement of the article or articles alleged to infringe the patent in suit. At the argument it was agreed that plaintiff would satisfy the demand of this motion by stating that “the mattress sold by the defendant under the name of ‘Royal Foam’…