Exhibit A District Court of the United States for the Southern District of New York CIVIL ACTION, FILE NUMBER A. B., PLAINTIFF v. C. D., DEFENDANT AND THIRD-PARTY PLAINTIFF v. E. F., THIRD-PARTY DEFENDANT To the above-named Third-Party Defendant: is Summons You are hereby summoned and required to serve upon plaintiff's attorney whose address and upon --9 who is attorney for C. D., defendant and thirdparty plaintiff, and whose address is an answer to the third-party complaint which is herewith served upon you and an answer to the complaint of the plaintiff, a copy of which is herewith served upon you, within 20 days after the service of this summons upon you exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the third-party complaint. [Seal of District Court] Dated -9 Clerk of Court. United States District Court for the Southern District of New York 1. Plaintiff A. B. has filed against defendant C. D. a complaint, a copy of which is hereto attached as "Exhibit C". 2. (Here state the grounds upon which C. D. is entitled to recover from E. F., all or part of what A. B. may recover from C. D., or upon which A. B. is entitled to recover from E. F. and not from C. D. The statement should be framed as in an original complaint.) Wherefore C. D. demands judgment against third-party defendant E. F. for all sums that may be adjudged against defendant C. D. in favor of plaintiff A. B. Signed: Attorney for C. D., Third-Party Plaintiff. Address: Form 23.-MOTION TO INTERVENE AS A DEFENDANT UNDER RULE 24 (Based upon the complaint, Form 16) District Court of the United States for the Southern District of New York 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.* Signed: Attorney for E. F., Applicant for Intervention. Notice of Motion (Contents the same as in Form 19) For other grounds of intervention, either of right or in the discretion of the court, see Rule 24 (a) and (b). District Court of the United States for the Southern District of New York 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: Address: --9 Attorney for E. F., Intervener. Form 24.-MOTION FOR PRODUCTION OF DOCUMENTS ETC. UNDER RULE 34 Plaintiff A. B. moves the court for an order requiring defendant C. D. (1) To produce and to permit plaintiff to inspect and to copy each of the following documents: (Here list the documents and describe each of them.) (2) To produce and permit plaintiff to inspect and to photograph each of the following objects: (Here list the objects and describe each of them.) (3) To permit plaintiff to enter (here describe property to be entered) and to inspect and to photograph (here describe the portion of the real property and the objects to be inspected and photographed). Defendant C. D. has the possession, custody, or control of each of the foregoing documents and objects and of the above mentioned real estate. Each of them constitutes or contains evidence relevant and material to a matter involved in this action, as is more fully shown in Exhibit A hereto attached. A. B., being first duly sworn says: (1) (Here set forth all that plaintiff knows which shows that defendant has the papers or objects in his possession or control.) (2) (Here set forth all that plaintiff knows which shows that each of the above mentioned items is relevant to some issue in the action.) [Jurat] Signed: A. B. Form 25.-REQUEST FOR ADMISSION UNDER RULE 36 Plaintiff A. B. requests defendant C. D. to make the following admissions for the purpose of this action only and subject to all pertinent objections to admissibility which may be interposed at the trial: 1. That each of the following documents, exhibited with this request, is genuine. (Here list the documents and describe each document.) |