Pleatmaster, Inc., and Bert P. Solomon v. Consolidated Trimming Corporation

JONES, District Judge.

Appellee brought an action in the District Court to have appellants’ patent declared invalid and not infringed by ap-pellee. Appellants’ answer contained a. general denial and the usual defenses, but. also included a counterclaim for infringement, injunction and accounting in one-count, and a second count alleged a. breach by appellee of a license agreement, between the parties respecting the patent made the subject of the declaratory action.

At the trial, upon motion of the appel-lee, the District Court dismissed the second count of appellants’ counterclaim, which…