Seman v. Leibovitz

BARD, District Judge.

Plaintiff filed a complaint alleging defendant infringed his patent. Jurisdiction has been obtained over defendant. Defendant, before filing his answer, filed his motion to obtain an order to take the depositions of plaintiff by leave of Court in accordance with Rule 26 (a) of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c. This motion is now before the Court.

Under Rule 26 (a) of the Federal Rules of Civil Procedure the testimony of any person by deposition may be taken as a matter of right after the answer is served. Before the answer is served…