Jefferson Chemical Co. v. Mobay Chemical Co.

DUFFY, Chancellor:

The issue for decision involves the subject matter jurisdiction of the Court of Chancery in a declaratory judgment action.

I

On January 26, 1966 Jefferson Chemical Company, Inc., a Delaware corporation (Jefferson), plaintiff, entered into a written contract with defendant, Mobay Chemical Company, a Delaware corporation (Mobay). Mobay thereby assigned to Jefferson all right, title and interest in and to certain patents and a patent application including U. S. Letters Patent No. 3102875 (Heiss patent) and U. S. Patent Serial Number 758890. In return Jefferson granted Mobay…