APEX HOSIERY CO. v. KNITTING MACHINES CORP.

Civ. A. No. 1205.

90 F.Supp. 763 (1950)

APEX HOSIERY CO. v. KNITTING MACHINES CORPORATION.

United States District Court D. Delaware.

April 20, 1950.


Attorney(s) appearing for the Case

C. A. Southerland and Richard F. Corroon (Southerland, Berl & Potter), Wilmington, Del., Charles H. Howson and Charles H. Howson, Jr. (Howson & Howson), Philadelphia, Pa., for plaintiff.

Hugh M. Morris and Alexander L. Nichols (Morris, Steel, Nichols & Arsht), Wilmington, Del., Hector M. Holmes and Maxwell Fish (Fish, Richardson & Neave), Boston, Mass., Richard Swan Buell and John B. Tittmann (McLanahan, Merritt & Ingraham), New York City, for defendant.


RODNEY, District Judge.

The question in the present case is whether a patentee, by the mere fact of bringing a patent infringement suit in Massachusetts against a user of machinery, has made such a threat or established such a controversy as to the patents involved in the machines as to enable another user of the same machines in a different district to maintain an action for a declaratory judgment as to the validity of the patents.

The defendant, Knitting...

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