Trico Products Corporation v. Anderson Co.

LINDLEY, District Judge.

Defendant’s answer to plaintiff’s suit for infringement of certain patents asserted invalidity and denied infringement. Defendant interposed also a counterclaim for a declaratory judgment of invalidity and noninfringement, which, upon plaintiff’s motion, the District Court dismissed. This appeal questions the propriety of the dismissal, defendant insisting specifically that the .court should have entertained the counterclaim for a declaratory judgment as prayed, even though it presented merely the issues raised by the original complaint and the answer.

The Declaratory…