Raybestos-Manhattan, Inc. v. Texon, Inc.

HARTIGAN, Circuit Judge.

This is an appeal from a judgment of the United States District Court for the District of Massachusetts granting the defendant’s motion for summary judgment and awarding the defendant $5,000 as attorney’s fees.

The plaintiff, a New Jersey corporation, is the owner of Patent No. 2,525,310 and brought an action for its infringement against the defendant, a Massachusetts corporation. The defendant filed a counterclaim for a declaratory judgment and also, as one of the usual defenses, denied that its process was an infringement of the patented process. The defendant…