Camfield Mfg. Co. v. McGraw Electric Co.

LEAHY, District Judge.

1. Before arriving at the question of plaintiff’s right to have the Michigan litigation enjoined, a reference to the factual background is necessary. The facts show defendant, soon after negotiations had commenced between the parties looking to a license agreement, stated its position that it desired to institute suit against plaintiff in a direct infringement suit, even though negotiations were to continue. Defendant then agreed to withhold the infringement suit upon plaintiff’s promise not to file a declaratory judgment action during the pendency of the negotiations.…