Electrical Accumulator Co. v. Brush Electric Co.
U.S. Circuit Court for the District of Northern Ohio
In Equity. Upon petition of plaintiff for leave to dismiss its bill, and also upon demurrers to the amended and supplemental bills. The amended bill was filed in this case under Rev. St. § 4918, by the assignee of Camille A. Faure, to whom, on .January 8, 1882, patent No. 252,002 was granted to procure an adjudication of the invalidity of ¡latent No. 837;299, issued March 2, 1886, to Charles F. Brush for a secondary. battery.
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In Equity. Upon petition of plaintiff for leave to dismiss its bill, and also upon demurrers to the amended and supplemental bills. The amended bill was filed in this case under Rev. St. § 4918, by the assignee of Camille A. Faure, to whom, on .January 8, 1882, patent No. 252,002 was granted to procure an adjudication of the invalidity of ¡latent No. 837;299, issued March 2, 1886, to Charles F. Brush for a secondary. battery. To this bill a demurrer and answer was filed by the Brush ■ Electric Company, affirming the validity of its own patent, and denying that of the Faure patent, and praying…
1Opinion of the Court
Brown, J.,
(after stating the facts as above.') , The petition for leave to dismiss raises the question as to the right of a plaintiff to dismiss his bill after proofs have been taken and before the hearing, and after an answer praying for affirmative relief has been filed. If it were an original question, I should feel considerable doubt whether, under section ■section 41)18, a defendant was entitled to a decree declaring the invalidity of the plaintiff’s patent, without filing a cross-bill; but as the practice of claiming affirmative relief in the answer has been sanctioned by several…
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