National Coupling Co. v. Press Seal Gasket Corp.

GRANT, Chief Judge.

This is an action to secure a declaratory judgment in respect to the validity of defendant’s Patent No. Re. 24,799— Gasket and Pipe End Construction for Bell and Spigot Pipe. Defendant has filed a Motion to Dismiss, or, in the alternative, for Summary Judgment, on the grounds that no justiciable controversy exists between the parties under the patent laws, and therefore, in the absence of diversity of citizenship, this Court is without jurisdiction and plaintiff’s Complaint must be dismissed and/or defendant granted a summary *376judgment. The parties have submitted briefs and…