Nicholson v. Bailey

FREEMAN, District Judge.

This case is before the court on defendant’s motion for summary judgment. The action is based on a “Second Amended Complaint,” hereinafter referred to as “complaint,” filed by the plaintiff on October 9, 1958, and a counterclaim by the defendant filed on November 26, 1958. The complaint, in essence, alleges infringement of plaintiff’s U. S. Plant Patent 625 relating to a certain navel orange tree producing oranges designated as “Dream Navels,” as well as unfair competition in aggravation of the infringement, and seeks damages and a permanent injunction.

The counterclaim…