Coal Processing Equipment, Inc. v. Campbell

OPINION

DAVID S. PORTER, Senior District Judge:

PROCEDURAL POSTURE

This action concerns United States Patent No. 3,926,787 [the “Gay patent”], now owned by defendant Bobby C. Campbell. Plaintiff Coal Processing Equipment, Inc. [“CPE”] filed this action on March 24, 1978, asking in its complaint (doc. 1) for a declaratory judgment that the Gay patent is invalid and uninfringed, for damages on a claim of common law unfair competition, and for attorney fees pursuant to 35 U.S.C. § 285. Along with its complaint CPE filed a petition for a temporary order (doc. 2) enjoining Campbell from interfering…