Yardley Created Products Co. v. Clopay Corporation

ENOCH, Circuit Judge.

Plaintiff-appellee, Yardley Created Products Co. (sometimes hereinafter called “Yardley”), brought action in the United States District Court for declaratory judgment that Reissue Letters Patent Re. 25,112, owned by defendant-appellant, Clopay Corporation, (sometimes hereinafter called “Clopay”) is not infringed by the folding doors manufactured by Yardley, and is invalid and void. Clopay filed its answer and counterclaim denying the allegations of Yardley’s complaint and charging Yardley with infringement of Clopay’s patent.

On the basis of the pleadings, affidavits, a…