Deitel v. La Minuette Trading Co.

AUGUSTUS N. HAND, Circuit Judge.

This is the ordinary suit for patent infringement. The parties submitted to the District Judge a specimen of the defendants’ device alleged in the complaint to infringe the patent, and stipulated that such device might be used ón a motion to dismiss the bill. The motion to dismiss was made on the ground that the complaint did not state facts sufficient to entitle the complainants to any relief because defendants’ device did not come within the scope of the patent. The motion was made upon the bill as amplified by the defendants’ commercial device and the court…