Superior Electric Co. v. General Radio Corp.

WORTENDYKE, District Judge.

The nature of this declaratory judgment action is fully disclosed in this Court’s opinion, (1961) D.C., 194 F.Supp. 339, holding that the motion of defendant-counterclaimant (patentee) for preliminary injunction against plaintiff (alleged infringer) should be denied. The case has now been fully tried upon the issues of patent validity, infringement and unfair competition. This opinion is in lieu of findings of fact and conclusions of law.

United States Patent No. 2,949,592 was issued August 16, 1960, upon application filed April 19, 1951, to G. Smiley, who assigned…