Celluloid Manuf'g Co. v. American Zylonite Co.

This is a motion to strike out pleas filed by the defendant, or to treat them as an answer. The action is for the recovery, of *745damages for the infringement of a patent. The summons and complaint are in the forms approved in state practico. The defendant contends that because section 4919 of the Revised Statutes prescribes that such damages “may be recovered by action on the case,” the only method of securing such relief is by the archaic form and procedure of the couinion-law action of case, modified only by the rules of this circuit in force before the passage of the act of 1872, now…