American Cyanamid Co. v. Ellis-Foster Co.

MEANEY, District Judge.

The American Cyanamid Company in an action instituted on April 22, 1959 seeks a declaratory judgment asking for interpretation of a patent license agreement entered into with Ellis-Foster Company, further asking for injunctive relief and damages against the Ellis-Foster Company. Subsequently on June 2, 1959 the Ellis-Foster Company began an action against American Cyanamid Com*278pany alleging infringement of U. S. Patent No. 2,255,313 owned by Ellis-Foster Company. The actions were consolidated and trial was had on the issues involved.

These issues are whether American…