Wilson v. Union Tool Co.
District Court, S.D. California
In Equity. Separate suits by Ebhu C. Wilson against the Union Tool Company and against th* Eucey Manufacturing Corporation for infringement of patents. On motions by both plaintiff and defendants for fuller statements of particulars and on objections to interrogatories propounded to defendants.
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In Equity. Separate suits by Ebhu C. Wilson against the Union Tool Company and against th* Eucey Manufacturing Corporation for infringement of patents. On motions by both plaintiff and defendants for fuller statements of particulars and on objections to interrogatories propounded to defendants. Defendants’ motion for further particulars embraced the following specific requests: I. “Which of the claims of letters patent Nos. 1,314,996 and 1,341,957 in suit are alleged to be infringed by defendant.” II. “Which of the numerous devices manufactured and sold by defendant are alleged to infringe…
1Opinion
On Rehearing.
[5] Plaintiff has moved for a rehearing of that part of the ruling hereinabove sustaining defendants’ objections to plaintiff’s interrogatories on the ground that they may eventuate in the imposition of a penalty by way of treble damages, etc. Plaintiff’s claim in this behalf *629is that this proceeding is not “penal” or criminal in its nature, that a defendant is protected from being compelled to give evidence against himself only when such evidence may result in criminal proceedings being had against him, and that therefore there is no protection to be accorded to a defendant in a…
2Cases cited11 opinions
- Huntington v. AttrillSupreme Court of the United States · 1892
- State ex rel. Rodes v. WarnerSupreme Court of Missouri · 1906
- Untermeyer v. FreundCourt of Appeals for the Second Circuit · 1893
- Kirby v. Western Union Telegraph Co.South Dakota Supreme Court · 1893
- Quirk v. QuirkDistrict Court, S.D. California · 1919
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