Akins v. McKnight

WILKIN, District Judge.

The Complaint charges infringement by defendant of U. S. Letters Patent 2,181,163 and also infringement of plaintiff’s U. S. Trade-Mark Registration No. 421,863. The answer denies such infringement and alleges invalidity of the patent. The answer also sets up a counterclaim for damages based upon alleged breach of an exclusive license agreement. A motion was filed to dismiss such counterclaim and ruling on the motion was suspended until after hearing of the evidence. The case was submitted upon the evidence and briefs. The patent covers an adjustable jack post. It is a…