Cavicchi v. Mohawk Mfg. Co.

LEIBELL, District Judge.

Petitioner, a citizen and resident of the State of Massachusetts, sues respondent, a citizen and resident of the State of New York, for a declaratory judgment, adjudging that petitioner’s tufted button, used in the manufacture of mattresses, does ,not infringe any of the claims of a certain patent owned by respondent.

Respondent has moved for an order requiring petitioner “to deposit sufficient security with the Clerk of the Court to cover-respondent’s costs herein.”

Petitioner opposes the motion, contending that there is no provision in the new Federal Rules of Civil…