Photon, Inc. v. Harris Intertype, Inc.

CAFFREY, District Judge.

This is a suit for a declaratory judgment involving the validity and infringement of two United States patents, No. 2,725,803 and No. 2,896,523. Both patents relate to photographic type composing machines, and plaintiff makes and sells the machines alleged to infringe these patents.

The patent disclosures, their claims, and the machines themselves are highly complex. Defendant filed a request for admission of facts under Rule 36, Fed. Rules Civ.Proc., 28 U.S.C.A., on August 3, 1960, calling upon plaintiff to make nine admissions. Plaintiff filed answers and objections…