Grand Rapids Showcase Co. v. Straus
District Court, S.D. New York
In Equity. Suit by the Grand Rapids Showcase Company against Jesse I. Straus and others. On motion by complainant for bill of particulars. This is a motion made by the plaintiff for a bill of particulars of the defendants’ defense.
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In Equity. Suit by the Grand Rapids Showcase Company against Jesse I. Straus and others. On motion by complainant for bill of particulars. This is a motion made by the plaintiff for a bill of particulars of the defendants’ defense. The cause is the regular suit in equity for an infringement of a patent, and the defendants set up in their answer by way of anticipation between 40 and 50 patents under the following allegation: That the patentees were not the original inventors, but that, on the contrary, prior to their supposed invention, the thing patented bad been described in each of the…
1Opinion of the Court
LEARNED HAND, District
Judge (after stating the facts as above). It is of much importance, if possible, to get the practice in this respect into a clearer condition than it is at present, and for uniformity this decision has been made after consultation with all of the judges in this district and bears their approval. The plaintiff is not concerned with the patents which the defendants mean to put in *200to show the prior state of the art. This motion is directed only to compel them to elect which they mean to use as anticipations of the patent. The decision is not to be understood to go furfher…
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