Shimadzu v. Electric Storage Battery Co.

KIRKPATRICK, District Judge.

In this patent infringement suit plaintiff has moved for an inspection of the defendant’s processes, methods, and products and of its apparatus in actual operation.

Although infrequently exercised, there is very little doubt or difficulty about the power ■of a court of equity to order the disclosure by physical inspection of evidence in the defendant’s possession. The following well-settled principles govern:

First. The power exists, although the plaintiff has no absolute right to invoke it.

Second. It should not be exercised unless the plaintiff makes a showing that…