Drew Chemical Company, 522 Fifth Avenue, New York, New York 10036 v. Hercules Incorporated, 380 Madison Avenue, New York, New York 10017

MOORE, Circuit Judge:

Drew Chemical Company (Drew), the plaintiff, appeals from an order of the United States District Court for the Southern District of New York in which the Court granted the motion, treated as one for summary judgment, of defendant Hercules Incorporated (Hercules), to dismiss Drew’s declaratory judgment action for non-infringement and patent invalidity on the ground that the court had no subject matter jurisdiction since there was no “case of actual controversy.”

Hercules is the owner by assignment of the Boylan United States Patent 3,076,768 [the Boylan I Patent], issued on…