Falcon Products, Inc. v. Hollow Rod Sales & Service Co.

The hearing on the motion of plaintiff and counter-defendants to dismiss the second counterclaim of defendants and counter-claimants came on for hearing before the court on July 18, 1955.

The plaintiff and counter-defendants were represented by Lyon & Lyon and Reginald E. Caughey, and the defendants and counter-plaintiffs were represented by Thomas P. Mahoney.

The motion to dismiss is grounded upon the contention that the court lacks jurisdiction over the subject matter set 'forth in the second counterclaim.

In its complaint plaintiff seeks a declaratory judgment of invalidity and non-infringement of U. S. Letters Patent 2,639,674 issued to the defendant Fillmore Improvement Co. on May 26, 1953, as assignee of the inventor and patentee. The’ defendant Hollow Rod Sales and Service Co. is the exclusive licensee under said patent to manufacture, sell and use the product covered thereby. The defendants answered the plaintiff’s complaint and filed two counterclaims against the defendants. The first counterclaim is one for infringement of the patent in suit. The second counterclaim is for damages and injunction based upon unfair competition.

*92 Counsel for all parties agree that…