Page:Federal Reporter, 1st Series, Volume 8.djvu/716

702 FEDERAL REPORTBR. �Hayes V. Dayton. �{Oircuit Court, S. D. New Ywk. November 10, 1880.) �1> Equitt PjjBading — MuiiTiFARioDSNESB — Infbingement op Lettehs Patbkt. A bill brought by a patentee to recover profits and damages for an alleged infringement of 38 claims in six difEerent patents, is demurrable on the ground cl multifariousness, where there is nothing in the bill to show that any two or more of the patents are in fact, or are capable of being, used in making a single structure, or that the defendant has so used them, and where the defendant would be clearly prejudiced by being compelled thiis to defend himself in one suit against so many alleged causes of action. �a. EqUITY RuLB 37 CONSTRtJED. �Equity rule 37 applies where a demurrer and an answer are put in at the same time to the whole of a bill. �J. H. Whitelegge, for plaintif. �G. G. Frelinghuysen, for defendant. �Blatchford, g. J. The bill in this case states that the plaintiff invented certain "improvements in ventilators, skylighta, skyiight turrets, conservatories, and other glazed structures and ventilating louvres" described in "several letters patent and reissues thereof." It then avers that he obtained six several patents, Nos. 94,203 and 100,143 and 106,157 and 112,594 and 143,149 and 143,153; that he obtained reissues of all of them, the reissues being six in num- ber, one of each, (though it does not appear of whioh original any particular reissue is the reissue,) the reissues being numbered 8,697 and 8,674 and 8,675 and 8,676 and 8,688 and 8,689; and that sinoe the reissues the defendant has, without authority, infringed said several reissues, and made, used, and sold said inventions. The bill interrogates the defendant as to whether he has made and sold "ventilators, skylights, skyiight turrets, conservatories, and other glazed structures, and ventilating louvres, and embraced within any or either" of the said "several letters patent and reissued letters patent;" also, in four several questions, as to -whether he has made, sold, or used what is claimed in each one of four claims in reissue No. 8,597, quoting it; and the like as to each one of fifteen claims in reissue No. 8,674, and of seven claims in reissue No. 8,675, and of two claims in reissue No. 8,676, and of seven claims in reissue No. 8,688, and of three claims in reissue No. 8,689, there being 38 sev- eral claims thus inquired about. The bill prays for a recovery of the profits and damages from the said unlawful making, using, and sell- ing by the defendants of the said "improvements in ventilators, sky- ��� �