Radio Corp. of America v. J. H. Bunnell & Co.

Plaintiffs brought the usual bills for infringement of patents. Defendants embodied in their answers a counterclaim under equity rule 30, in which, among other things, injunctive relief against *63plaintiffs or some of them was asked. No motion for injunction, however, was ever made by defendants, but plaintiffs, for reasons here immaterial, moved to dismiss the counterclaim. The court thereupon ordered merely that “the counterclaim in the answer * * * to the amended bill of complaint herein be and the same hereby is dismissed.” Thereupon defendants appealed from these orders, assigning for…