Lynch v. Magnavox Co.

Defendants move to strike fifty separate portions of the amended complaint. The motion is buttressed and reinforced by a special demurrer, specifying, among numerous other vices, forty-six particulars in which they assert the amended complaint is uncertain—all urged upon the hearing of the court at a single afternoon session devoted to the hearing of this among a dozen other matters of equal importance. Only the demurrer is considered.

According to the complaint, Jackson Bell Company, Limited, had been in the business of manufacturing and selling radio receiving sets in interstate commerce and had a valuable business in that industry. In such receiving sets it had used various types of loud speakers, including those manufactured by the defendants as well as those manufactured by others. The defendants were similarly engaged, and specialized in the manufacture of loud speakers. The defendant Lektophone Corporation, representing that it owned certain patents pertaining to radio loud speakers, was engaged in the business of licensing manufacturers under its asserted patents.

Between May and September, 1932, the defendants entered into a conspiracy among themselves to effect a…