Walker v. Walker

GOODMAN, District Judge.

This is a suit, under the Federal Declaratory Judgment Act, 28 U.S.C.A. § 400, 48 Stat. 955, as amended 49 Stat. 1027 (now 28 U.S.C.A. §§ 2201, 2202)1 for a judgment declaring the single claim of defendant Walker’s patent No. 2,200,349 to be invalid. As well as defending the validity of the Walker patent, defendants also contend that plaintiffs are not entitled to declaratory relief because of the absence of a justiciable controversy. Since the existence of a justiciable controversy is essential to the maintenance of an action under 28 U.S.C.A. § 400, 28 U.S.C.A. §§…