Gillespie v. Norris

231 F.2d 881 108 U.S.P.Q. 397 Homer E. GILLESPIE, Catherine L. Gillespie and Gillespie Games Company, a corporation, Appellants, v. Coma F. NORRIS, individually and doing business as C. F. Norris Manufacturing Company, Appellee. No. 14674. United States Court of Appeals Ninth Circuit. Feb. 28, 1956. Eric A. Rose, Albert D. White, Long Beach, Cal., for appellants. William C. Babcock, Frederick Mueller, Long Beach, Cal., for appellee. Before FEE and CHAMBERS, Circuit Judges, and WALSH, District Judge. JAMES ALGER FEE, Circuit Judge. 1 This action for infringement of patent was brought by filing complaint. An answer was then filed containing general denials and an affirmative defense, which sets up several prior patents claimed to anticipate the device patented and to show that it lacked novelty, utility and invention, and a 'counterclaim', which is actually a claim for damages against plaintiffs as a result of conspiracy to use the letters patent in restraint of trade. An 'Answer to Counter-claim' appears in the record, but the denials apparently do not refer to the paragraphs of the answer which embody the counterclaim. As to whether issues were created is questionable. There was…