[Download] "Cutting Room Appliances Corp. v. Empire Cutting Machine Co." by Second Circuit United States Court Of Appeals # Book PDF Kindle ePub Free
eBook details
- Title: Cutting Room Appliances Corp. v. Empire Cutting Machine Co.
- Author : Second Circuit United States Court Of Appeals
- Release Date : January 22, 1951
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
The plaintiff, a New York corporation, sued the defendants, also New York corporations, for the infringement of a patent for a machine for laying cloth, and for unfair competition consisting in the sale of infringing machines. The defendants answered by denying such allegations generally. They also filed a counterclaim alleging the invalidity and non-infringement of the patent and that the plaintiff had unfairly competed with them. They sought both a temporary and permanent injunction and a declaration of non-infringement. The gist of the alleged unfair competition was that the plaintiff, knowing that it had "no valid claim for patent infringement or unfair competition against defendants," had commenced the suit in order to give "untrue notices of patent infringement and unfair competition by defendants to the trade, thus intimidating the customers of defendants and thus causing said customers to refuse to purchase cloth laying machines from defendants * * *" As there was no diversity, the court dismissed the counterclaim for lack of jurisdiction and the defendants have appealed, as they may since there was a prayer for an injunction. Drittel v. Friedman, 2 Cir., 154 F.2d 653. The review of orders made appealable by statute regardless of finality is not touched by Rule 54(b) Fed.Rules Civ.Proc. 28 U.S.C.A. Its purpose is to provide a way for determining whether a judgment, which would not otherwise appear to be final and would not be appealable unless final, is final for appeal purposes. Cf. Dickinson v. Petroleum Conversion Corporation, 338 U.S. 507, 70 S. Ct. 322.