Boris v. Moore

GRUBB, District Judge.

This action was brought to recover royalties under a patent and an injunction and equitable relief.

There is before the court the motion of the defendant Moore to dismiss this action as to him, under Rules 12(a) and 12(b), Fed.Rules Civ.Proc. 28 U.S.C.A., on the ground that the complaint fails to state a claim upon which relief can be granted, and alternatively for judgment on the pleadings, under Rule 12(c). This motion is brought at the conclusion of the trial in this case of the separate defense of laches, which was severed by order of this court pursuant to Rule 42(b).