Winchester Carton Corp. v. Standard Box Co.

*1208OPINION

GARRITY, District Judge.

This is an action for patent infringement. Defendant has filed a counterclaim in which it seeks a declaratory judgment that plaintiff’s patent is invalid. After trial without a jury, the court makes the following findings of fact and conclusions of law.

Findings of Fact

1. Both plaintiff and defendant are engaged in the manufacture and sale of paperboard serving trays for use primarily at drive-in theaters for carrying beverage cups and sandwiches from a serving station to an automobile.

2. The parties are not strange adversaries. In Standard Box Co. v. Winchester…