Moeller v. Scranton Glass Instrument Co.

JOHNSON, District Judge.

We have for disposition the defendant’s motion to dismiss plaintiffs’ bill of complaint, filed to restrain the defendant from infringing upon certain patent rights of the plaintiffs, and to recover damages suffered by plaintiffs by reason of the alleged infringement. The defendant’s motion to dismiss assigns eight reasons, which will be considered in their order:

“(1) The said complaint is defective upon the face of the bill, there being an insuffi*121eient averment of facts necessary to constitute a valid cause of action in equity, and such defect goes to the whole cause…