Julian B. Slevin Company v. Bartgis Brothers Company

THOMSEN, Chief Judge.

This is a typical patent suit in which plaintiffs claim that defendant is infringing plaintiffs’ patent by making, using and selling bottle carriers embodying the patented invention, and defendant raises the issues of validity and infringement. More than a year after answering, defendant now moves for leave to amend its answer by adding thereto a counterclaim. The proposed counterclaim is an informer action under 35 U.S.C.A. § 292; it charges plaintiffs with false marking, and asks the court (1) to assess against plaintiffs the statutory fine for each offense found to…