Signal Mfg. Co. v. Kilgore Mfg. Co.

In the United States District Court for the Southern District of California, The Kilgore Manufacturing Company, an Ohio corporation, hereafter sometimes called Kilgore, brought an action against Sfgnal Manufacturing ‘Company, a California corporation, hereafter sometimes called Signal. The complaint was in two counts. Count 1 charged Signal with infringing a patent (No. 1,947,834) owned by Kilgore— a patent containing 23 claims. Signal filed an answer and an amended answer and served interrogatories and requests for admissions. Kilgore answered the interrogatories and requests for admissions and caus'ed four depositions to be taken.

Thereafter, on motion of Signal and Charles Schneider, a citizen of California, Schneider was made a party defendant, and Signal and Schneider were permitted to, and did, file a second amended answer, denying that they (Signal and Schneider) infringed the patent, alleging that the pat ent was invalid and praying that the complaint be dismissed. The second amended answer contained a counterclaim denominated as such, praying for a declaratory judgment holding the patent invalid and not infringed by Signal and Schneider and for costs 'and attorneys’…