Hoye v. Service Products Corp.

DECISION ON MOTION

MYRON L. GORDON, District Judge.

The defendant, charged with having infringed the patent in suit, has moved for leave to file an amended answer pursuant to rule 15(a), Federal Rules of Civil Procedure. The plaintiff does not contend that such amendment will result in prejudice or delay; rather, he objects on the ground that it fails to state a good defense in law.

The defendant seeks to assert the invalidity of the plaintiff’s patent by amending its answer to add the following:

“5. As a further, separate and affirmative defense to the complaint, defendant alleges that Patent…