Vibration Specialty Co. v. Balancing Service Co.

BOWEN, District Judge.

In the case of Edison Phonograph Co. v. Victor Talking Machine Co. (C.C.) 120 F. 305, it was held that “a bill for infringement of three separate patents is not subject to demurrer for multifariousness where it alleges that the things patented are capable of conjoint use, and are in fact so used in the apparatus of defendant, and the patents, of which profert is made, contain nothing inconsistent with such averment.” (Syllabus). See, also, Union Switch & Signal Co. v. Philadelphia & R. R. Co. (C.C.) 68 F. 914. Also, Judge Sanborn in Chicago Grain Door Co. v. Chicago, B.…