Hercules Powder Co. v. Rohm & Haas Co.

LEAHY, District Judge.

This is an action for declaratory judgment1 that defendant’s patent No. 1,808,-893, covering materials for an insecticide, is invalid and that plaintiff is not an infringer. Heekert, patentee-assignor’s deposition has been taken. His testimony shows that while in the employment of defendant from June 1928 to June 1930 he experimented with many aliphatic thiocyanates in order to determine their utility as insecticides. tie found some were, some were not useful. He referred to certain reports, notes and memoranda he had prepared in connection with his experimentation which…