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VISX, Inc. v. Summit Technology Inc.

T-1875-95

Giles A.S.P.

12/9/96

3 pp.

Application for leave to file counterclaim adding plaintiff by counterclaim and claiming relief for infringement of patent alleged to anticipate invention for which patent in main action granted-No applicable rule in Federal Court Rules-As defendant not sole owner of patent sought to be enforced by counterclaim, plaintiff applying to add co-owner as plaintiff by counterclaim-Illogical if defendant could force co-owner into action as defendant, co-owner should not be permitted to voluntarily join action-On issue of patent infringement action by counterclaim, proposed plaintiffs by counterclaim could commence new action with respect to infringement of patent which could proceed separately-Much but not all of evidence would be common between two cases-Allowing counterclaim resulting in considerable saving of time and preclude possibility of conflicting decisions-Leave granted to add plaintiff because both plaintiffs to be represented by same counsel and because second plaintiff by counterclaim consenting to being added.

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