Signalite Fuse Co. v. Fuse Indicator Corp.

LEAHY, District Judge.

This suit is for declaratory judgment, 28 U.S.C.A. § 400, that plaintiff does not infringe Smalley No. 1,850,853 and that the patent is invalid. Controversy exists because defendant sued one of plaintiff’s customers for infringement in the District of Columbia. Defendant in addition to its charge of infringement relies on three special defenses, two of which are in the nature of estoppel and the third license.

The first defense is res judicata or estoppel by judgment. It is based on a decree entered, on March 9, 1938 by the United States District Court in the case of…