Eastman Kodak Co. v. McAuley

CONGER, District Judge.

Plaintiff has moved to strike out paragraphs 13, 14, 17(g) and the last four lines of paragraph 18, of the third party complaint, on the ground that the defense of laches and estoppel that is therein alleged is insufficient in law upon the facts as pleaded.

Plaintiff contends that these allegations as to the manufacture and sale of film reels by strangers to this action cannot become the basis of the defense of estoppel by the third party complainant, so as to preclude the plaintiff from asserting its patent rights against third party complainant. It is plaintiff’s…