Larchmont Engineering, Inc. v. Toggenburg Ski Center, Inc., Larchmont Engineering, Inc. v. Greek Peak, Inc.

In these two patent infringement suits defendants appeal from so much of the order of the district court as denied them an award of costs and attorney fees without hearing or taking evidence, upon granting plaintiff’s (Larchmont) motion for a voluntary dismissal with prejudice and without costs pursuant to Rule 41 (a) (2), F.R.C.P. We find no error and affirm.

The relevant facts are simple. On January 9, 1967, Larchmont sued defendants, the operators of two ski slopes, seeking to restrain alleged infringement of a patent relating to manufacture of “man made snow.” Defendants filed answers…