Vacuum Cleaner Co. v. Dunn
U.S. Circuit Court for the District of Southern New York
In Equity. Suit by the Vacuum Cleaner Company against Elias B. Dunn, doing business under the trade-name of Dunn’s Improved Vacuum System. On motion to strike off plea. Granted, .with leave to answer.
1Opinion of the Court
COXE, Circuit Judge.
Counsel for the defendant asks leave to amend his plea by inserting at the end of the third paragraph the words “and that said Andrew Kenney was not an employee of the said David T. Kenney.” This request is granted and the plea may be so amended.
[1] The amended plea seeks, inter alia, to present the defense that the patentee is not the original and sole inventor of the combination set forth in the several claims. This is a defense enumerated as such in section 4920 of the Revised Statutes (U S. Comp. St. 1901, p. 3394) and should be presented by answer.
[2] Again, the plea…
2Cases cited3 opinions
- Korn v. WiebuschU.S. Circuit Court for the District of Southern New York · 1887
- Glucose Sugar Refining Co. v. Douglass & Co.U.S. Circuit Court for the District of Northern Iowa · 1906
- Schnauffer v. AsteDistrict Court, S.D. New York · 1906