Johnston v. Atlas Mineral Products Co.

HICKS, Circuit Judge.

Suit under the Declaratory Judgment Act. Sec. 274d of the Judicial Code, 28 U.S.C.A. § 400.

Appellant, James C. Johnston, was the patentee-owner of Patent No. 1,979,470 for a “Method of Joining Bell and Spigot Pipe Sections.” The patent was previously adjudged valid and infringed in a suit by Johnston’s licensees against certain users of products manufactured by The Atlas Mineral Products Company of Pennsylvania, appellee here and herein called Atlas. See Universal Sewer Pipe Corp. et al. v. General Constr. Co. et al. D.C., 42 F.Supp. 132. That suit, herein called the…