Park-In Theatres, Inc. v. Waters

RUSSELL, Circuit Judge.

This appeal is from an order of the trial Court sustaining the defendant’s motion to dismiss the appellant’s suit alleging infringement of Hollings’head Patent No. 1,909,537, and in which order of dismissal the Court determined, as an additional or alternative ground, that the defendant’s motion for summary judgment likewise should be granted. 1

The complaint, sufficient as a pleading, averred, among other matters, the issuance of the patent, in a paragraph which concluded, “which patent is hereby proffered.” It also alleged that the subject matter of the patent…