Wooldridge Mfg. Co. v. R. G. La Tourneau, Inc.

LEMMON, District Judge.

Plaintiff seeks declaratory relief alleging, inter alia, that defendants claim that plaintiff has infringed and is infringing a certain patent for carrier scrapers and demand that plaintiff be adjudged to be a licensee of the patent.

Plaintiff contends that defendants’ patent is invalid and that plaintiff is not answerable to defendants under the facts, and in Count 1, Par. 9a alleges that defendants come with unclean hands and that the reissue patent held by defendants was obtained by fraud (Par. 5g). In Count 2 plaintiff alleges a violation of the Sherman Anti-Trust…