Whitall-Tatum v. Corning Glass Works

KNIGHT, District Judge.

The suit is for patent infringement. Issue was joined by an answer denying infringement and the validity of the patent. The answer asks no affirmative relief and sets up no counterclaim. Interrogatories and answers were filed by both parties. No further proceedings were had until plaintiff filed notice of motion to dismiss without prejudice, on payment of costs. Thereafter defendant filed notice of motion to take testimony abroad and also de bene esse. Both motions are now before this court for decision.

The law is well settled that a plaintiff has the absolute right to…