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KENNAMETAL, INC. v. AMERICAN CUTTING ALLOYS

Civ. No. 606.

77 F.Supp. 136 (1948)

KENNAMETAL, Inc. v. AMERICAN CUTTING ALLOYS, Inc.

District Court, D. Delaware.

April 2, 1948.

Attorney(s) appearing for the Case

William S. Potter (of Southerland, Berl & Potter), of Wilmington, Del., Clarence B. Des Jardins and Justin S. Compton (of Des Jardins & Compton), both of Cincinnati, Ohio, and Robert M. Zacharias, of Latrobe, Pa., for plaintiff.

Edwin D. Steel, Jr. (of Morris, Steel, Nichols & Arsht), of Wilmington, Del., Joseph O. Ollier, of New York City, and Carl F. Schaffer (of Owen & Owen), of Toledo, Ohio, for defendant.

LEAHY, District Judge.

Defendant's patents in suit1 cover the manufacture of sintered hard carbide compositions. Plaintiff manufactures hard carbide compositions for cutting tools. Controversy arose as to whether plaintiff was and is an infringer. The action is one for declaratory judgment. 28 U.S. C.A. § 400.

In its answer and opening statement defendant admitted that certain of the patents and claims are not infringed by...

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