Wilson Athletic Goods Mfg. Co. v. Kennedy Sporting Goods Mfg. Co.

BRENNAN, Chief Judge.

This is the usual patent infringement action, requesting the usual relief. The answer asserts the invalidity of plaintiff’s patent, denies infringement, sets up the affirmative defense of estoppel, and contains a counterclaim requesting a declaratory judgment of invalidity and alleging unfair competition. The issues have been narrowed by the defendant’s abandonment of the unfair competition counterclaim and by the concession that if the Court finds that plaintiff’s patent is valid, then a finding of infringement may follow. The question of validity is the principal issue…