Etherington v. Hardee

INGRAHAM, District Judge.

This is a suit in equity for patent infringement in which a preliminary and final injunction, accounting, and assessment of treble damages and costs are sought. The case is before the court upon defendants’ motion to dismiss for failure to state a claim upon which relief can be granted and for failure to join an indispensable party. The crux of defendants’ motion is that titleholder of the patent, Hughes Tool Company, is no longer a party plaintiff and that this action is maintained only by an exclusive licensee in a specific field of the patent’s application. ,

It is…