Hans Oetiker v. Jurid Werke, G. M. B. H

LEVENTHAL, Circuit Judge:

This case involves a patentee’s potential liability for fraudulent procurement and enforcement of a patent. A Swiss inventor claims that a German manufacturing com pany sought a United States patent on certain secrets in violation of an agreement between them, obtained the patent by fraud on the Patent Office, and used it to exclude the inventor from selling a similar good in certain markets. After the complaint was filed, the company disclaimed the patent, and the district court dismissed the action on the grounds that the disclaimer had mooted all federal claims. We…