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SMITH-CORONA MARCHANT INC. v. AMERICAN PHOTOCOPY EQUIP. CO.

214 F.Supp. 348 (1962)

SMITH-CORONA MARCHANT INC., Plaintiff, v. AMERICAN PHOTOCOPY EQUIPMENT COMPANY, Defendant.

United States District Court S. D. New York.

December 28, 1962.

Attorney(s) appearing for the Case

Sullivan & Cromwell, New York City, for plaintiff; Marvin Schwartz, New York City, of counsel.

Curtis, Morris & Safford, New York City, for defendant; William C. Conner, New York City, of counsel.

McLEAN, District Judge.

Count I of the complaint in this action seeks a declaratory judgment decreeing that the "Eisbein patent for developing apparatus" owned by defendant is invalid, and that the diffusion transfer photocopy machines made and sold by plaintiff do not infringe it. Defendant has moved to dismiss Count I on the grounds (a) that the court lacks jurisdiction over the subject matter, and (b) that the complaint fails to state a claim upon which relief...

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