Legal Opinion
Federal Laboratories, Inc. v. Barringer Research, Ltd.
District Court, W.D. Pennsylvania
Decided October 26, 1981No. Civ. A. No. 80-925PublishedCited by 1 opinion
1Opinion of the Court
OPINION
DUMBAULD, District Judge.
In accordance with recognized practice in patent cases, plaintiff, rather than awaiting an infringement action by the patentee, brought suit under 28 U.S.C. § 2201 for a declaratory judgment that defendant Barringer’s patent 3,340,2211 is invalid and not infringed. The technique of seeking a declaratory judgment of invalidity rather than awaiting an infringement suit by the patentee or assignee is a well recognized procedure. Dewey & Almy Chemical Co. v. American Anode Inc., 137 F.2d 68, 69-70 (C.A. 3, 1943); Thiokol Chemical Corp. v. Burlington Industries…
2Cases cited10 opinions
- Graham v. John Deere Co. of Kansas CitySupreme Court of the United States · 1966
- Sinclair & Carroll Co. v. Interchemical Corp.Supreme Court of the United States · 1945
- Dewey & Almy Chemical Co. v. American Anode, Inc.Court of Appeals for the Third Circuit · 1943
- Rengo Co. Ltd. And Simon Container MacHinery Limited, in No. 80-2556 v. Molins MacHine Company, Inc., in No. 80-2557Court of Appeals for the Third Circuit · 1981
- Thiokol Chemical Corp. v. Burlington Industries, Inc.Court of Appeals for the Third Circuit · 1971
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3Cited by1 opinion
- Federal Laboratories, Inc. v. Barringer Research Limited and Intex, Inc. Appeal of Barringer Research LtdCourt of Appeals for the Third Circuit · 1982