JUDGMENTS - DECLARATORY JUDGMENTS - AVAILABILITY TO ALLEGED INFRINGERS IN PATENT CASES

Authors

Michigan Law Review, University of Michigan Law School

Abstract

In addition to an injunction and an accounting, the prayer of the plaintiff requested a declaratory judgment to determine the plaintiff's rights in relation to a patent of the defendant. The petition alleged the plaintiff was importing and offering for sale a chemical called "Estradoil," and that the defendant had notified the plaintiff's customers that the chemical infringed the defendant's patent. A year prior to the action, the defendant had published a notice in a trade journal stating that a certain patent had been issued to it which covered the chemical known as "Estradoil," and that any use of the chemical by others constituted infringement. Held, case dismissed because there was no showing of bad faith to sustain an action for unfair competition, and no "actual controversy" to maintain jurisdiction under the Federal Declaratory Judgment Act. Treemond Co. v. Schering Corp., (D. C. N. J. 1940) 35 F. Supp. 475.

Recommended Citation

Michigan Law Review, JUDGMENTS - DECLARATORY JUDGMENTS - AVAILABILITY TO ALLEGED INFRINGERS IN PATENT CASES, 39 Mich. L. Rev. 1237 (1941).
Available at: https://repository.law.umich.edu/mlr/vol39/iss7/18