Defendant had patented a certain seam used in garment-making and also the means for manufacturing it. Plaintiff claimed that this patent was void because anticipated by his own practice. Under this claim plaintiff continued to manufacture the type of seam in question and to sell garments in which it was used. Defendant thereupon sent notices both to plaintiff and to his customers threatening suit for infringement. Plaintiff sought a decree under the Declaratory Judgment Act to determine whether the patent was valid. Defendant moved to dismiss the action. Held, motion denied; a declaratory judgment is an appropriate proceeding for determining the validity of a patent at the suit of a party whose customers are threatened with suit for patent infringement. Zenie Bros. v. Miskend, (D. C. N. Y. 1935) 10 F. Supp. 779. Accord on similar facts, Lionel Corporation v. De Filippis, (D. C. N. Y. 1935) 11 F. Supp. 712.