Thorpe v. Wm. Filene's Sons Co.

MORTON, District Judge.

This is an action at law for damages for infringement of an expired patent. It is being defended by the vendor of the article in question, a child’s cap; and I shall refer to the vendor as the defendant. The defendant has moved to dismiss on the ground of “laches,” and, in support of the motion, has filed affidavits. No counter affidavits have been filed, and I understand that the essential facts as stated by the defendant are not really in dispute.

Laches is, of course, an equitable defense and in pleading it the defendant avails itself of section 274b of the Judicial…