Kittle v. De Graaf

This is an equity action for infringement. The bill, mulatis mutandis, is in the usual form. The principal grounds of demurrer are— First, that equity lias no jurisdiction, for the reason that the action was commenced 21 days prior to the expiration of the patent, and the complainant has ample remedy at law; second, that it appears from the bill that the complainant has been guilty of laches in asserting his rights.

As the patent in question, and the conduct of the complainant, which is now the subject of criticism, were recently examined by this court in Kittle v. Hall, 29 Fed. Rep. 508, care…