Mr. Hanger, Inc. v. Cut Rate Plastic Hangers, Inc.

RE, Judge; *

This is a post-trial motion brought by the defendants pursuant to the provisions of Rule 68 of the Federal Rules of Civil Procedure, “Offer of Judgment.” Specifically, defendants move to compel plaintiff to pay the costs incurred by them in defending plaintiff's unsuccessful patent infringement suit.

Plaintiff, a manufacturer of garment hangers, commenced this action in March of 1972, alleging infringement of the patented design of its garment hanger intended to support and display plastic waisted garments. In August of that year, pursuant to Rule 68, defendants tendered an offer…