Marshall Metal Products, Inc. v. Aghnides

WEINFELD, District Judge.

It is clear that a patentee and a manufacturer charged with infringement are engaged in forum shopping. Joined with them is a retailer, the sole defendant in a prior action brought by the patentee in the Middle District of North Carolina, where the retailer is engaged in business. After the North Carolina action had been pending for three months, the manufacturer, joined by the North Carolina retailer as co-plaintiff, commenced this declaratory judgment action of invalidity. Issue has not yet been joined in this action. The North Carolina action is set for trial five…