Magrath

"This case is before us on petition and motion to dismiss. The plaintiff alleges that the United States letters patent No. 2,938,676 were awarded to plaintiff for an improvement in textile machinery. Draper Corporation, apparently a private corporation in the textile business, has infringed the patent. The plaintiff sued Draper in the United States District Court, District of Massachusetts, which, as plaintiff says, wrongly held that the patent was invalid. 267 F.Supp. 285 (1967). On appeal, the First Circuit arrived at the same, conclusion. 384 F.2d 672 (1967). The plaintiffs then counsel…