Trw, Inc. v. Ellipse Corporation and Ford Motor Company, Corporations

CASTLE, Senior Circuit Judge.

Plaintiff TRW, Inc. appeals from an order dismissing its complaint against defendants Ellipse Corp. and Ford Motor Co. in an action seeking a declaratory judgment that claim 3 of Rhine patent No. 2,628,568 1 is invalid. TRW asserts on appeal that the lower court erred in dismissing the complaint for lack of jurisdiction and in the exercise of its discretion. Specifically, TRW contends that it is not bound under prin ciples of res judicata by the finding in Ellipse Corp. v. Ford Motor Co. 2 respecting the validity of claim 3 of the Rhine patent. TRW asserts that…