Sims v. Jadin

GRUBB, District Judge.

This is an action for patent infringement and the present motion for summary judgment was brought by the defendants on November 30, 1954, under the provisions of Rule 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A. The motion is based upon the particular defense set forth in Paragraph 8 of the answer.

This defense is based upon the doctrine of election of remedies. The defendants’ position is that the plaintiff in a previous action in the state courts in Texas has had recovery and that no further remedy is available to him for relief arising out of the same…