Engelhard Industries, Inc. v. Sel-Rex Corporation

MEANEY, District Judge.

Plaintiff .brings this action for declaratory judgment under 28 U.S.C. §§ 2201 and 2202 and the patent laws 35 U.S.C. § 1 et seq., to declare defendant’s United States Patent No. 3,104,212 invalid and uninfringed by plaintiff or its customers.

Defendant’s amended answer set up a counterclaim alleging infringement of its patent by plaintiff and demanding injunctive relief, an accounting for profits and treble damages, the assessment of costs and attorneys fees against plaintiff, and other appropriate relief.

Plaintiff, Engelhard Industries, Inc., is a corporation of the…