General Electric Co. v. Campbell

CROSS, District Judge.

The bill of complaint alleges infringement of letters patent No. 726,293, granted to one John W. Howell, and assigned to the complainant. The defendant has demurred to the bill; assigning for cause that said patent is void, in law, for lack of patentable invention and novelty.

Various reasons have been given by the courts in justification of the practice of questioning the validity of a patent by a .demurrer, but it is unnecessary to refer to these, since the practice has long been thoroughly well established. It is likewise clearly well settled that a demurrer can be…