HULBERT, District Judge.
This action is one for patent infringement and the plaintiffs move to strike out a counterclaim, which alleges: (1) that the patent in suit has not been infringed, and (2) is invalid.
This, plaintiffs urge, is nothing more than a reiteration of the issues framed by the complaint and the denials and affirmative defenses contained in the answer.
The useful purpose of a counterclaim for a declaratory judgment was aptly pointed...
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