(Based upon the complaint, Form
16)
United States District Court for the Southern District of New York
Civil Action, File Number XX
A. B., plaintiff
v.
Motion to inter-
C. D., defendant
W vene as a
E. F., applicant for
defendant
intervention
E. F. moves for leave to intervene as a defendant in this action, in order to assert the defenses set forth in his proposed answer, of which a copy is hereto attached, on the ground that he is the manufacturer and vendor to the defendant, as well as to others, of the articles alleged in the complaint to be an infringement of plaintiff’s patent, and as such has a defense to plaintiff’s claim presenting both questions of law and of fact which are common to the main action.[1]Signed: XXXXXXXXXXXXXX,
Attorney for E. F., Applicant for Intervention.
Address: XXXXXXXXXXXXX
Notice of Motion
(Contents the same as in Form
19)
United States District Court for the Southern District of New York
Civil Action, File Number XX
A. B., plaintiff
v.
C. D., defendant
W Intervener’s Answer
E. F., intervener
First Defense
Intervener admits the allegations stated in paragraphs 1 and 4 of the complaint; denies the allegations in paragraph 3, and denies the allegations in paragraph 2 in so far as they assert the legality of the issuance of the Letters Patent to plaintiff.
Second Defense
Plaintiff is not the first inventor of the articles covered by the Letters Patent specified in his complaint, since articles substantially identical in character were previously patented in Letters Patent granted to intervener on January 5, 1920.
Signed: XXXXXXXXXXXXXXXX,
Attorney for E. F., Intervener.
Address: XXXXXXXXXXXXXXX
[1] For other grounds of intervention, either of right or in the discretion of the court, see Rule
24
(a) and (b).