Blast Furnace Appliances Co. v. Worth Bros.

Citations

• 221 F. 430
• 1915 U.S. Dist. LEXIS 1591

Syllabus

<p>1. Courts <@=351—Discovery—Equity Rules—Plaintiff’s Interrogatories —Matters Disclosed by Answer.</p> <p>Under equity practice rule 58 (198 Fed. xxxiv, 115 C. C. A. xxxiv), permitting a plaintiff to file interrogatories for discovery within 21 days after the joinder of issues, when that rule is construed in connection with the purpose of the rules to simplify the pleadings and expedite the production of proof, matters disclosed in the answer material to plaintiff’s case may be made the subject of interrogatories.</p> <p>[Ed. Note.—For other cases, see Courts, Cent. Dig. § 924; Dec. Dig. <®=351.j</p> <p>2. Patents <@=292—Equity—Discovery—Relevancy—Set-Off.</p> <p>In a suit to enjoin infringement of a patent by the construction of a second blast furnace from plans furnished by the inventor for the first furnace, where the defendant pleaded a set-off on account of defects in the plans for the first furnace, plaintiff may interrogate defendant as to what payments were made for the first plans and when.</p> <p>[Ed. Note.—For other eases, see Patents, Cent. Dig. § 446; Dec. Dig. <§=292.]</p> <p>3. Patents <@=292—Equity—Discovery—Relevancy—Defense.</p> <p>Plaintiff may also ask for the production of the drawings furnished for the first furnace and of the corrections made therein, from which drawings the second furnace was constructed.</p> <p>[Ed. Note.—For other cases, see Patents, Cent. Dig. § 446; Dec. Dig. <@=292.]</p> <p>i. Patents <@=292—Equity—Discovery—Relevancy—Defense.</p> <p>In a suit by an assignee of a patent for infringement by the construction of a blast furnace, where defendant pleaded a license from the inventor, plaintiff might interrogate him as to the date of the construction of the furnace, in order to fix the date of the infringement, and also as bearing upon the question of license.</p> <p>[Ed. Note.—For other cases, see Patents, Cent. Dig.'§ 446; Dec. Dig. <@=292.]</p> <p>5. Patents <@=292—Equity—Discovery—Interrogatories—Identification of Documen