Trio Process Corp. v. L. Goldstein's Sons, Inc.

LUONGO, District Judge.

Before me is defendant’s “Motion to Strike” the name of Franklin Smelting & Refining Co. (Franklin) as a party plaintiff to, and paragraph 8 of, the within complaint charging patent infringement and unfair competition in which jurisdiction is alleged to be founded upon 28 U.S.C.A. § 1338(a) and (b).1

*927From the allegations of the complaint it appears that Trio Process Corporation (Trio), one of the plaintiffs herein, is the owner, by assignment, of Patent No. 3,076,421 and that Franklin has acquired the right to practice that patent. It is alleged that defendant Goldstein…