Chemical Specialties Co. v. Ciba Pharmaceutical Products, Inc.

SMITH, District Judge.

This is a civil action under the patent laws and was instituted pursuant to and in accordance with the provisions of the Declaratory Judgments Act, 28 U.S.C.A. § 2201. The issues are those usually arising in an action for patent infringement, to wit, validity and infringement. The plaintiff seeks a declaratory judgment on the said issues and, in addition thereto, “such other and further relief as to the court may seem just and proper.” The prayer for further relief is apparently predicated on the charge that the patents in suit are being used illegally in restraint of…