JULIAN B. SLEVIN COMPANY v. BARTGIS BROTHERS COMPANY

Civ. No. 8040.

142 F.Supp. 688 (1956)

JULIAN B. SLEVIN COMPANY, Inc., a corporation, and Julian B. Slevin, Jr., v. The BARTGIS BROTHERS COMPANY, a corporation.

United States District Court D. Maryland, Civil Division.

June 28, 1956.


Attorney(s) appearing for the Case

John W. Avirett, 2d, Baltimore, Md., Henry N. Paul, Jr., John F. A. Earley, Jr., Paul & Paul, A. Arthur Miller and Fox, Rothschild, O'Brien & Frankel, Philadelphia, Pa., for plaintiffs.

Daniel B. Leonard and Bowie, Burke & Leonard, Baltimore, Md., Leslie B. Young, Stanton T. Lawrence, Jr., and Pennie, Edmonds, Morton, Barrows & Taylor, New York City, for defendant.


THOMSEN, Chief Judge.

This is a typical patent suit in which plaintiffs claim that defendant is infringing plaintiffs' patent by making, using and selling bottle carriers embodying the patented invention, and defendant raises the issues of validity and infringement. More than a year after answering, defendant now moves for leave to amend its answer by adding thereto a counterclaim. The proposed counterclaim is an informer action under 35 U.S.C.A. § 292; it charges...

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