Engler v. General Electric Co.

CONGER, District Judge.

Defendant’s motion for judgment on the pleadings as to the patent interference branch of this action is denied.

This motion to dismiss is made by the defendant on the ground that plaintiff’s patent expired May 6, 1941, and that consequently plaintiff can no longer claim defendant’s patents interfere with his. However, the expiration of plaintiff’s patent occurred after the institution of his suit herein and the subsequent expiration of his-patent does not deprive this court of jurisdiction. Beedle v. Bennett, 122 U.S. 71, 7 S.Ct. 1090, 30 L.Ed. 1074. The propriety of…