Dazian's, Inc. v. Switzer Bros.

JONES, Chief Judge.

Defendants in this action ask leave to file a counterclaim, and further ask leave to amend or supplement the counterclaim.

The proposed counterclaim is for infringement and contributory infringement of two of the patents in suit, and is founded upon new Title 35 U.S.C.A. § 271. The amendment adds a claim for infringement of U. S. Patent No. 2,606,809, (not now in suit but a related patent) and a tort claim.

Plaintiff opposes the applications for leave to file.

Rule 13, Rules of 'Civil Procedure, 28 U.S.C.A., permits an omitted counterclaim or a counterclaim maturing or…