Interstate Cotton Oil Refining Co. v. Refining, Inc.

NORCROSS, District Judg'e.

This is a suit for a declaratory judgment in which the petition was filed December 29, 1937, praying for a decree: (a) That patents granted to defendant, Nos. 2,100,274, 2,100,275, 2,100,276, and 2,100,277, on November 23, 1937, be declared void, invalid, and to no effect, as to each of the claims thereof in view of approximately seventy items of the prior art; (b) that it be decreed plaintiff’s processes do not infringe any of the claims of said patents, and that plaintiff has the right to practice the processes defined in its petition, without threat, or other…