Rules On Marconi Answer

Wednesday, August 11, 1915
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The New York Times August 11, 1915 RULES ON MARCONI ANSWER. In Tesla Sult Judge Strikes Out Paragraph as lmpertinent. Judge Augustus N. Hand, in an»opin- lon 'filed yesterday in the United States District Court, ordered struck out as im- pertlnent the eleventh paragraph of the answer of the Marconi Wireless Tele- graph Companyof America. made to the annulment and patent lnfrlnxxernent suit brought by the Nikolz1'Tcslu. Company. The paragraph objected to stated that certain claims of the Marconi patents were sustained by Judge Van Vechtcn Veeder in the Brooklyn Court in the in- fringement suit` brought against the Na- tional Electric Signaling Company. and that the same Court decided that the Tesla. patents did. not anticipate and were not for the same inventions as the iltiarconi patents. In-hi!-1 ruling, Judge Hand said _ “I can see no principle under which that decision rendered between wholly different parties is bindinn hm-re or rel- ;evant except as n mere legal precedent. It can only be presented as ergument in relation to the legal issues involved, but not as a. fact to be pleaded ‘or proved. The motion to strike out the eleventh paragraph of the answer as _im- pertlnent is. therefore, grunted." Judge Hand refused to strike out para- fraphs thirteen and fourteen. which al- eged that the complaint did not state facts sufficient to constitute a. cause of acticérzlziaod thgt the complalnainlfa is ngt ent! an answer- or o ve' e »lB°9II¥¢?»¢°nt» voids 1