209 F. 237 | U.S. Circuit Court for the District of Southern New York | 1911
Whatever may be the rule elsewhere, it is well settled practice in this circuit to declare upon a patent and to postpone the statement of the particular claims alleged to be infringed until the taking of the testimony begins. We see no reason to change this practice. The liberality with which applications to amend answers are treated, after the taking of complainant’s prima facie proofs indicates his contentions, secures defendant every facility to interpose and maintain his defenses.
The failure to move against defendant while complainant was seeking to maintain the validity of his patent and to have its claims construed in the New Jersey suit , cannot be charged against it as laches.
Motion for preliminary injunction is granted.