Caldwell Manufacturing Co. v. Unique Balance Co.

HERLANDS, District Judge.

This is an action for a declaratory judgment of invalidity of a patent or non-infringement or both. Defendant is the licensee under an agreement with the patentees, his licensors, giving defendant the right to manufacture and vend a sash balancing mechanism in the United States. Plaintiff is the owner of another patent dealing with the same subject. In this action, plaintiff has not joined defendant’s licensors as parties defendant.

This suit was commenced by the filing of a complaint on the morning of June 8, 1955. Later that same day, defendant herein, joined by his…