Uniflow Mfg. Co. v. Superflow Mfg. Corp.

JONES, Chief Judge.

This is a patent and copyright infringement action.

Plaintiff has dismissed the copyright infringement action. Section 116, 17 U.S.C.A. provides that in such actions the prevailing party shall be awarded its full costs and the court may award reasonable attorneys’ fees as part of such costs. A voluntary dismissal by plaintiff after the defendant has taken depositions and filed a motion for more definite statement makes the defendant the prevailing party. Corcoran v. Columbia Broadcasting System, 9 Cir., 121 F.2d 575. However, from the exhibits on file in this action it…