Teller v. Montgomery Ward & Co.

KALODNER, District Judge.

This is an equity patent-infringement suit. The plaintiffs complained that the defendant infringed the former’s patents involved in the suit by selling stoves and ranges embodying the patented inventions of the plaintiffs. Suit was commenced in 1937: defendant filed its answer January 28, 1938. The new Rules for Civil Procedure for the District Courts of the United States became effective September 16, 1938. 28 U.S.C.A. following section 723c. Rule 12(e) provides that a motion for a bill of particulars may be made by a party within twenty days after the service of a…