Dewey & Almy Chemical Co. v. American Anode, Inc.
District Court, D. Delaware
1Opinion of the Court
LEAHY, District Judge.
This is an action for declaratory judgment that defendant’s patents Nos. 1,825,-736 and 1,996,051, covering the production of latex rubber goods by the “coagulant dip” method, are invalid. Defendant has moved for summary judgment under Rule 56(b) of the Rules of Civil Procedure, 28 U.S.C.A. following section 723c, on the ground that this court has no jurisdiction under the statute because there is no “actual controversy” between the parties.
The basis of this suit is the Federal Declaratory Judgment Act, 28 U.S. C.A. § 400, which — as interpreted by the courts — has…
2Cases cited7 opinions
- Crosley Corp. v. Westinghouse Electric & Manufacturing Co.Court of Appeals for the Third Circuit · 1942
- Treemond Co. v. Schering CorporationCourt of Appeals for the Third Circuit · 1941
- Alfred Hofmann, Inc. v. Knitting MacHines CorporationCourt of Appeals for the Third Circuit · 1941
- Meinecke v. Eagle Druggists Supply Co.District Court, S.D. New York · 1937
- Thermo-Plastics Corp. v. International Pulverizing Corp.District Court, D. New Jersey · 1941
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3Cited by3 opinions
- Kobre v. Photoral Corp.District Court, S.D. New York · 1951
- National Hairdressers' & Cosmetologists' Ass'n v. Philad Co.District Court, D. Delaware · 1943
- Apex Hosiery Co. v. Knitting Machines Corp.District Court, D. Delaware · 1950