124 F. 971 | U.S. Circuit Court for the District of Western Michigan | 1903
The question presented is on exceptions ■taken by the complainant to the failure of the defendant to answer certain interrogatories propounded in the bill. The bill is filed for the purpose of recovering royalties under a license agreement in which the defendant acknowledges the validity of the patent under which the articles are made. Accompanying the bill is an .exhibit, which it is averred the defendant manufactures, and which it is averred comes within the license agreement. The interrogatories are as follows:
“(1) Whether between the 15th day of October, 1902, and the 1st day ■of April, 1903, and prior to the filing of this bill, the defendant, the Automatic Wringer Company, made, sold, or used, or caused to be made, sold, ■or used, any wringers like the wringer herewith filed, and marked ‘Exhibit B,’ and, if so, how many such wringers were made, sold, or used, or caused to be made, sold, or used, by defendant during said period.
“(2) Whether defendant, the Automatic Wringer Company, between the 15th day of October, 1902, and the 1st day of April, 1903, made, sold, or used, •or caused to be made, sold, or used, any wringer clamps similar to the ■clamps on the wringer marked .‘Exhibit B,’ and, if so, how many such clamps were made, sold, or used, or caused to be made, sold, or used, by ■defendant during said period.”
The defendant by its answer admits that it made and sold the exhibit referred to in complainant’s bill, and manufactured and sold articles similar to that exhibit, but denies that the exhibit embodies the device ■covered by the license agreement, or that the defendant has made, sold, or used, or caused to be made, sold, or used, any article or device ■coming within the terms of the license agreement, and therefore it declines to answer the interrogatory as to the number of articles it had made, sold, or used. The interrogatories propounded in the hill were taken from the interrogatory reported in the case of National Hollow Brake Beam Company v. Interchangeable Brake Beam Company (C. C.) 83 Fed. 26: In that case the defendant failed to answer these interrogatories, and exceptions were taken to the answer, as in this case, and the exceptions were sustained. It was pointed out by Judge Lacombe in the case of Keller v. Strauss (C. C:) 88 Fed. 517.
The exceptions are overruled.