Plehn v. Hollywood-Maxwell Co.

NOONAN, District Judge.

This action was instituted by plaintiffs, Henry M. Plehn and Peter Pan Foundations, Inc., for infringement of United States Letters Patent No. 2,535,864. The defendant filed an answer and two counterclaims: the first, for declaratory relief, to have this court declare the patent in suit invalid and not infringed; and the second, to restrain unfair competition and for damages resulting therefrom.

Insofar as the defendant’s first counterclaim, for declaratory relief, is concerned, the issues are substantially the same as those raised by plaintiffs’ complaint, except that…