Coulston v. H. Franke Steel Range Co.

Citations

• 221 F. 669
• 1915 U.S. Dist. LEXIS 1613

Syllabus

<p>1. Ooukts ©=»317—Equity—Answeb—Form and Sufficiency.</p> <p>Under equity rule 30 (198 Fed. xxvi, 115 C. C. A. xxvi), providing that the answer shall in short and simple terms set out the defense to each claim asserted by the bill, omitting statements of evidence and avoiding any general denial, but specifically admitting, denying, or explaining the facts upon which plaintiff relies, and that the answer must state in short and simple form any counterclaim arising out of the transaction which, is the subject-matter of the suit, and may set out any set-off or counterclaim, such answer should contain a general or specific denial of each material allegation controverted by the defendant, and a statement in ordinary and concise language of any new matter constituting a defense, counterclaim, or set-off.</p> <p>■ie’or other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p> <p>[Ed. Note.—For other cases, see Courts, Cent. Dig. § 921; Dec. Dig. <@=>347.]</p> <p>2. Patents <@=>310—Infringement Suits—Pleading—Sufficiency of Answer.</p> <p>Under equity rule 30, where, in a patent case, defendant pleads a number of patents as showing the state of the prior art, upon which the claims of invalidity and limited scope of complainant’s patent are based, he will he required on motion to set forth in what respects each of the patents pleaded by him discloses any of the elements or combinations of elements described in plaintiff’s patent, and in what respect they negative the novelty and invention of the device therein shown and described.</p> <p>[Ed. Note.—For other cases, see Patents, Cent. Dig. §§ 507-540; Dec. Dig. <@=>310.]</p> <p>3. Patents <@=>310—Infringement Suits—Pleading—Sufficiency of Answer.</p> <p>It was not a ground for denying an application to require the defendant in a patent case to make its answer specific, by stating in what respects patents pleaded as showing the state of the prior art disclosed any of the elements or combinations of el