McCullough Egg Equipment Co. v. Poultry Producers of Central California

KERRIGAN, District Judge.

The plaintiff in this case claims that defendant has infringed its patent rights to a “Machine for Treating Eggs” and seeks an injunction and damages. The defendant has moved to dismiss plaintiff’s bill of complaint on the theory that plaintiff has not alleged therein the ultimate facts required by law. The instant case raises the question in this district as to whether the so-called “long form” or “short form” of bill of complaint is proper. There is a square conflict of authority on this point in the United States courts. There are two Circuit Court eases on the…