Karl Kiefer Mach. Co. v. U. S. Bottlers Machinery Co.

KERNER, Circuit Judge.

This was a complaint charging appellee with the infringement of two separate and distinct patents by two separate and distinct acts of infringement, and praying for an injunction and accounting.

Prior to filing an answer, appellee moved to dismiss the bill on the ground of failure to state a, claim upon which relief could be granted. After due consideration the District Court, on March 1, 1939, 27 F. Supp. 300, dismissed the bill as to patent No. 1572150, not staying the enforcement of its judgment, and ordered that appellee answer the bill in so far as it pertained to…