Chandler v. Cutler-Hammer, Inc.

DUFFY, District Judge.

The plaintiff Chandler is the owner of the legal title to, and the plaintiff Panish is the exclusive licensee under, Chandler Reissue Patent No. 19,445. The complaint alleges infringement of that patent. The defendant filed its answer, and also a counterclaim for a declaratory judgment asking that Panish Patent No. 1,747,594, owned by the plaintiff Panish, be declared void. Defendant alleges that the plaintiffs had notified the trade, including the defendant, of the alleged infringement of not only the Chandler reissue patent which was the basis of the complaint herein,…