Koehring Co. v. Foote Co.

HAZEL, District Judge.

The supplementary interrogatories propounded by order of the court, under date of February 8th, on separate papers, resulted from defendant’s request to be apprised of the particular claims upon which plaintiff would rely at the hearing. They were intended to relate to a description of defendant’s machine to enable plaintiff to state definitely what claims of the patent in suit were infringed. On motion, the supplementary interrogatories were stricken out on defendant’s contention that treble damages, recovery of a penalty, were demanded, and the rule of Healthometer Co.…