McCullough Egg Equipment Co. v. Poultry Producers of Central California

The plaintiff in this case claims that defendant has infringed its patent rights to a “Machine for Treating Eggs” and seeks an injunction and damages. The defendant has moved to dismiss plaintiff’s bill of complaint on the theory that plaintiff has not alleged therein the ultimate facts required by law. The instant case raises the question in this district as to whether the so-called “long form” or “short form” of bill of complaint is proper. There is a square conflict of authority on this point in the United States courts. There are two Circuit Court eases on the point, one of which, Ingrassia v. A. C. W. Manufacturing Corporation, 24 F.(2d) ■ 703 (C. C. A. 2), holds that the “short form” is not sufficient, and the other of which, Moeller v. Seranton Glass Instrument Co., 19 F.(2d) 14 (C. C. A. 3), holds that the “short form” is sufficient. The District Courts are likewise divided. This court is of the opinion that‘the “short form” of the bill of complaint in patent infringement eases is sufficient. This view has heretofore been followed in several cases in this district without written opinion.

Before proceeding to discuss the reasons for this ruling, it is necessary to analyze…