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CHROMALLOY AMERICAN CORP. v. ALLOY SURFACES CO., INC.

Civ. A. No. 3640.

351 F.Supp. 449 (1972)

CHROMALLOY AMERICAN CORPORATION, Plaintiff, v. ALLOY SURFACES CO., INC. and George H. Cook, Defendants.

United States District Court, D. Delaware.

November 30, 1972.

Attorney(s) appearing for the Case

William O. LaMotte, 3rd, of Morris, Nichols, Arsht & Tunnell, Wilmington, Del. and Robert D. Spille and Garo A. Partoyan of Curtis, Morris & Safford, New York City, of counsel, for plaintiff.

Nathan Bakalar of Connolly, Bove & Lodge, Wilmington, Del. and Irving Parker and Victor M. Metsch of Jacobs, Persinger & Parker, New York City, of counsel, for defendants.

MEMORANDUM OPINION

LATCHUM, District Judge.

In this patent litigation, the defendants, pursuant to Rule 15, F.R.Civ.P., have moved for leave to amend and supplement their answer and counterclaim to assert that the plaintiff, through the enforcement of the patent-in-suit,1 procured by fraud on the Patent Office, violated Section 2 of the Sherman Act, 15 U.S.C. § 2, by attempting to monopolize and by monopolizing the sale...

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