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.