Foundry Equipment Co. v. Carl-Mayer Corp.

JONES, Chief Judge.

This is a patent infringement action. Defendants have answered and have set up two counterclaims based on patent infringement, unfair trade practices and monopolistic trade practices.

Plaintiff moves to strike the counterclaims because (1) neither action arises out of the subject matter of the complaint, (2) misjoinder of federal and nonfederal causes, and (3) the asserted causes do not rest on substantially identical facts.

Defendant in a patent infringement suit has the right to counterclaim for patent infringement by plaintiff of defendant’s patents. This is true even if…