Ortho Pharmaceutical Corporation, and Ortho Diagnostics, Inc. v. American Hospital Supply Corporation, and Roy E. Speck

PERRY, Senior District Judge.

After being accused of patent infringement, plaintiff-appellant Ortho Pharmaceutical Corporation [hereinafter “Ortho”] brought a declaratory judgment action against defendant-appellee American Hospital Supply Corporation [hereinafter “AHS”], as the exclusive licensee of claims 1 through 8 of United States Letters Patent 3,486,981 under an agreement with defendant-appellant Roy E. Speck, to whom the patent was issued on December 30,1969, for “Substances Relating to Testing of Blood-Coagulation.” Under the agreement, AHS has the right to make, use and sell partial…