Lester L. Smith, and Cross-Appellee v. Acme General Corporation, and Cross-Appellant

KEITH, Circuit Judge:

Plaintiff Lester L. Smith appeals from a judgment of the United States District Court for the Northern District of Ohio, Honorable Robert B. Krupansky presiding, dismissing his complaint pursuant to 35 U.S.C. § 271(a) and (b) for patent infringement and declaring the patent claim in suit invalid pursuant to 28 U.S.C. § 2201. Defendant ACME General Corporation (ACME) cross-appeals from the district court’s denial of its prayer for attorneys’ fees. We affirm Judge Krupansky.

FACTS

In 1973, Smith, in Tucson, Arizona, and ACME, in San Dimas, California, independently developed…