White

The plaintiff, claiming infringement of rights owned by him, as evidenced by five letters patent, seeks an injunction and damages. The defendants Studebaker Corporation of America and Paul G. Hoffman Company, Inc., appear and present separately motions to dismiss the bill of complaint and to strike out ceifain portions thereof.

Referring first to the motions to dismiss: It is contended that the allegations of the bill of complaint are not sufficient to state a cause for the relief prayed for. Without preliminary allegations referring to the inventions, plaintiff alleges that on a certain date letters patent were granted under the statutes of the United States and rules of practice of the United States Patent Office, and that he ever since has been and is now the owner thereof. Defendants insist that this form of pleading does not present the essential facts which established practice requires shall be set out.

The question as to what a bill of. complaint must show by allegations of facts in a patent suit is one that has been given the attention of various of the federal judges, *836 and the decisions are not in full accord. It seems to be conceded by the plaintiff that, at least…