Trico Products Corp. v. E. A. Laboratories, Inc.

BYERS, District Judge.

This is a motion by the plaintiff in a patent cause to strike paragraphs 3 to 8, inr.lu*405sive, of the answer; said paragraphs being captioned “As a Counterclaim and Defense.”

Upon the hearing, the defendant consented that paragraph 8 be stricken, and that so much of the motion as was directed to the description of these several paragraphs as a counterclaim was consented to. It remains, therefore, to consider whether the motion should be granted as to paragraphs 3 to 7, inclusive, as a defense.

The bill of complaint is in conventional form and, in addition to formal…