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EASTMAN KODAK CO. v. STUDIENGESELLSCHAFT KOHLE

Civ. A. No. 74-87.

392 F.Supp. 1152 (1975)

EASTMAN KODAK COMPANY, Plaintiff, v. STUDIENGESELLSCHAFT KOHLE mbH, as trustee for the Max-Planck-Institut Fur Kohlenforschung, Defendant.

United States District Court, D. Delaware.

April 24, 1975.

Attorney(s) appearing for the Case

Edmund D. Lyons, of Morris, James, Hitchens & Williams, Wilmington, Del. and Francis T. Carr, and Kenneth E. Madsen, of Kenyon & Kenyon, Reilly, Carr & Chapin, New York City, for plaintiff.

Howard M. Handelman, of Bayard, Brill & Handelman, Wilmington, Del., and Arnold Sprung, and Nathaniel D. Kramer, of Burgess, Dinklage & Sprung, New York City, for defendant.

MEMORANDUM AND ORDER

CALEB M. WRIGHT, Senior District Judge.

Plaintiff Eastman Kodak Company (Kodak) has brought this action for a declaratory judgment that United States Patents Nos. 3,113,115, 3,231,515, 3,257,332, 3,392,162, and 3,826,792, all owned by defendant Studiengesellschaft Kohl mbH (SGK), are invalid, unenforceable, and not infringed. Kodak is a New Jersey corporation with its principal place of business in Rochester, New York. Defendant is a...

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