Allegheny Steel & Brass Corp. v. Elting

SPARKS, Circuit Judge.

This action involves plaintiffs’ petition for a declaratory decree under 28 U.S.C. A. § 400. It sought a declaration that United States Design Patent No. 118,968, and United States Mechanical Patent No. 2,278,433 are invalid and not infringed by plaintiffs’ products. These patents were issued to the defendant, August O. Elting, on the respective dates of February 13, 1940 and April 7, 1942, on applications respectively filed on November 1, 1939 and October 2, 1940. It further sought a declaration that Elting was not the inventor of either of the patents and that the…