Reliable Machine Works, Inc. v. Furtex Machine Corp. of America

S. H. KAUFMAN, District Judge.

Plaintiff moves pursuant to (1), Fed. Rules Civ.Proc. Rule 12(b) (6), 28 U.S. C.A., to strike paragraphs 8 and 9 of defendant’s counterclaim; (2) Rule 56(b) for a summary judgment dismissing the counterclaim; and, in the event that any portion of the counterclaim is not stricken, for separate trials of plaintiff’s action and the counterclaim and for an order placing plaintiff’s action on the non-jury calendar.

Plaintiff charges defendant with infringement of a patent on a machine used for the reconditioning of fur and fur garments, and seeks equitable relief…