American Telephone & Telegraph Co. v. Milgo Electronic Corp.

WHITMAN KNAPP, District Judge.

This is an action for a declaratory judgment of patent invalidity and noninfringement and for a determination of priority of invention. Here involved is the defendant Milgo Electronic Corporation’s (“Milgo”) motion to dismiss, or alternatively, to stay plaintiffs’ second cause of action, which purports to state a claim of interference under 35 U.S.C. § 291. 1 The allegedly interfering patents in the § 291 cause of action are Howson patent 3,679,977 owned by plaintiff Bell Telephone Laboratories, Inc. (“Bell Labs”) and Whang patent 3,760,277 owned by defendant…