Aldridge v. General Motors Corporation

HALL, Chief Judge.

The within action is a suit at law for damages for alleged infringement of a patent. The plaintiff seeks no equitable relief, and has demanded a jury trial.

The defendant has answered with the usual denials and allegations, and by Paragraph 11 of its Answer raises the issue of file-wrapper estoppel on the question of infringement by defendant’s device, in the following language:

“11. Further answering the complaint, defendant alleges that by reason of the proceedings in the United States Patent Office during the prosecution of the application which resulted in said Letters…