The opinion of the court was delivered by: BYERS
Motion for an order striking and dismissing the amended bill of complaint.
This is the second motion addressed to the pleadings in this cause, and ought to be the last.
The amended bill contains fifteen subdivisions and, in addition to allegations respecting the parties and the jurisdiction of the court, may be analyzed as follows:
Paragraphs numbered 1 to 7, inclusive, allege the application for and granting of six letters patent of the United States covering "range-clock" apparatus for determining citing data for Naval guns, Naval fire control apparatus, means and apparatus for charting the positions of ships at sea, and electric fire control for guns.
Paragraph 8 alleges the present ownership of the said several letters patent.
Paragraph 9 alleges expenditures in exploiting, developing and introducing the invention, but failure to make, use or sell said inventions during the six years next preceding the filing of the bill.
Paragraph 10 alleges that the defendant both prior to and after the issuance of the letters patent, and before the commencement of this suit, and before and within the six years last past, within the jurisdiction of this court, without license or permission from the plaintiffs, has infringed five of the six letters patent in question, and that the defendant is now making, using and selling the devices embodying the inventions claimed therein, and threatens to continue so to do.
So much of the bill may be deemed to plead a cause of action for an infringement.
Paragraph 11 alleges that in 1913 one of the patentees disclosed to the officials of the Navy Department of the United States "complete data, drawings and descriptions of the several inventions illustrated and described" in all of the letters patent in question, "as well as additional supplemental designs and information for use therewith or not, as desired, in strict confidence * * *."
Paragraph 12 alleges that during 1917 the defendant, with knowledge of the confidential character of the disclosures and in violation of the plaintiffs' rights and with the consent and cooperation of the Navy Department, did secure possession of said confidential drawings, etc., for the purpose of manufacturing the devices "herein complained of".
Paragraph 13 alleges that in furtherance of its unlawful acts "and other invasions of plaintiffs' rights constituting unfair trade", the defendant within this district and elsewhere in the United States manufactured, used and sold "devices and equipment as described in one or more of said letters patent, said data, drawings", etc., and threatens to continue "all the above-mentioned unlawful invasions of plaintiffs' rights, and unfair trade".
Paragraph 14 alleges that the defendant, in concert with the Navy Department, conceals "his said unlawful invasions of the plaintiffs' rights from your petitioners, and in furtherance thereof, has and does continue to fraudulently represent that the said devices, etc., are military secrets of the United States Government", although it has sold the same to other governments.
Paragraph 15 alleges profits and advantages to the defendant derived "from the aforesaid ...