Grasselli Chemical Co. v. National Aniline & Chemical Co.
District Court, S.D. New York
In Equity. Suit for infringement of a patent by the Grasselli Chemical Company against the National Aniline & Chemical Company, Inc. On defendant’s objection to certain interrogatories propounded by plaintiff to it. The suit was upon two patents for chemical processes, and the interrogatories were directed toward learning whether the defendant had practiced the processes described in the claims. The prayer asked for treble damages, as is usual in such cases.
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In Equity. Suit for infringement of a patent by the Grasselli Chemical Company against the National Aniline & Chemical Company, Inc. On defendant’s objection to certain interrogatories propounded by plaintiff to it. The suit was upon two patents for chemical processes, and the interrogatories were directed toward learning whether the defendant had practiced the processes described in the claims. The prayer asked for treble damages, as is usual in such cases. The defendant answered, denying infringement. The interrogatories are 15 in number, and ask whether the defendant has made the product…
1Opinion of the CourtLearned Hand, District Judge
after stating the facts as above). [1, 2] The claim of privilege need not be considered; the defendant being a corporation. Hale v. Henkel, 201 U. S. 43, 74, 75, 26 Sup. Ct. 370, 50 L. Ed. 652. Besides, the defendant has denied infringement in its answer, and, having submitted to answer, must answer fully. The original denial was a waiver.
[3, 4] Interrogatories under the fifty-eighth rule are the substitute for discovery, and as the plaintiff would have been entitled to discovery as to whether the defendant practiced the invention, that being a part of the plaintiff’s case, it is clearly…
2Cases cited3 opinions
- Hale v. HenkelSupreme Court of the United States · 1906
- A. B. Dick Co. v. Underwood Typewriter Co.District Court, S.D. New York · 1916
- Federal Manufacturing & Printing Co. v. International Bank Note Co.U.S. Circuit Court for the District of Southern New York · 1902
3Cited by21 opinions
- Coca-Cola Bottling Co. of Shreveport, Inc. v. Coca-Cola Co.District Court, D. Delaware · 1985
- Caldwell-Clements, Inc. v. McGraw-Hill Pub. Co.District Court, S.D. New York · 1952
- Porto Rican American Tobacco Co. of Porto Rico v. American Tobacco Co.Court of Appeals for the Second Circuit · 1929
- Activated Sludge v. Sanitary Dist. of ChicagoDistrict Court, N.D. Illinois · 1946
- American Oil Co. v. Pennsylvania Petroleum Products Co.District Court, D. Rhode Island · 1959
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