Meinecke v. Eagle Druggists Supply Co.

PATTERSON, District Judge.

The motion is by the plaintiff to dismiss counterclaim as insufficient in law. The bill is a conventional one for infringe-^ ment of patent. It alleges that plaintiff Meinecke is owner and plaintiff Davol Rubber Company exclusive licensee of patent 1,583,019, and that defendant is making and selling an infringing article. The defendant’s answer is also conventional in that it denies infringement and sets up invalidity of the patent sued on. The defendant then proceeds to set forth, by way of counterclaim, that the plaintiff Davol Rubber Company marks its product with…