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FEDERAL LABORATORIES, INC. v. BARRINGER RESEARCH

Civ. A. No. 80-925.

524 F.Supp. 755 (1981)

FEDERAL LABORATORIES, INC., Plaintiff, v. BARRINGER RESEARCH, LTD., and Intex, Inc., Defendants.

United States District Court, W. D. Pennsylvania.

October 26, 1981.

Attorney(s) appearing for the Case

Stanley J. Price, Jr., Pittsburgh, Pa., for plaintiff.

Thomas C. Wettach, Reed, Smith, Shaw & McClay, Pittsburgh, Pa., Richard G. Lione, Chicago, Ill., for defendants.

OPINION

DUMBAULD, District Judge.

In accordance with recognized practice in patent cases, plaintiff, rather than awaiting an infringement action by the patentee, brought suit under 28 U.S.C. § 2201 for a declaratory judgment that defendant Barringer's patent 3,340,2211 is invalid and not infringed. The technique of seeking a declaratory judgment of invalidity rather than awaiting an infringement suit by the patentee or assignee...

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