National Electric Products Corp. v. Circle Flexible Conduit Co.

MO'SCOWITZ, District Judge.

This is a motion made by the plaintiff for an order striking from the answer of the defendant the last sentence in paragraph 11, and the entire counterclaim in paragraphs 2 and 3 of defendant’s prayer.

The action was brought for the alleged in fringement of letters patent of the United States No. 1,687,013 for armored electric cable and No. 1,801,549 for anti-short hushing.

In paragraph 11 of the defendant’s answer defendant denies the validity of the patent and infringement, and sets up as a defense that it was licensed by the plaintiff. In the last sentence of…