American Graphophone Co. v. Leeds & Catlin Co.

PLATT, District Judge.

The demurrer raises various objections to the bill:

1. That the letters patent are void on their face for lack of invention. In the circumstances of the case, this attack is obviously futile, and my action thereon needs no explanation.

2. That it is multifarious, in that it involves the validity and infringement of two separate patents. The bill avers not only that they are capable of conjoint use, but that they are used conjointly by the complainant, and that the defendants jointly infringe both patents by their product, In a general sense, the demurrer should be taken to…