American Engineering Co. v. Stoker Castings & Service, Inc.

SWEENEY, District Judge.

In this action there are involved the questions of validity and infringement of two patents, No. 1,620,488 and No. 1,930,897. The plaintiff has moved to have the entire suit dismissed, with prejudice as to the first patent, and without prejudice as to the second. In open court counsel for the plaintiff agreed further that it would waive all claims for past violations either by the defendants or their vendees if its motion were allowed. The defendants object to the dismissal of this suit and insist that the validity of the patent be determined by this court. They say…