Fear v. Horner Sales Corp.

MARIS, Circuit Judge.

This is a qui tarn action brought to recover penalties imposed by Section 4901, Revised Statutes, 35 U.S.C.A. § 50, for marking goods covered by patent of the De-Raef Corporation as licensed under its patent without in fact having a license, in violation of the section. The defendant filed a motion for summary judgment on the ground that the complaint presented no genuine issue of fact and a motion that the complaint be dismissed on the ground that it failed to state a claim upon which relief can be granted. The defendant further requested that costs be taxed against the…