MEMORANDUM OPINION AND ORDER
LATCHUM, District Judge.
This is a patent suit. Plaintiff seeks injunctive relief and damages based on the allegations that defendant has infringed U. S. Patent No. 3,306,437 (a "Coded Shipping and Dispensing Carton Assembly"), issued to Richard L. Nelson and now owned solely by the plaintiff. By counterclaim the defendant has filed a declaratory judgment action seeking a declaration that the patent is invalid and that the defendant...
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