SIGNALITE FUSE CO. v. FUSE INDICATOR CORPORATION

Civ. No. 857.

78 F.Supp. 588 (1948)

SIGNALITE FUSE CO. v. FUSE INDICATOR CORPORATION.

District Court, D. Delaware.

July 22, 1948.


Attorney(s) appearing for the Case

E. Ennalls Berl (of Southerland, Berl & Potter), of Wilmington, Del., and Paul Kolisch, of New York City, for plaintiff.

Alexander L. Nichols (of Morris, Steel, Nichols & Arsht), of Wilmington, Del., and William C. Linton, of Washington, D. C., for defendant.


LEAHY, District Judge.

This suit is for declaratory judgment, 28 U.S.C.A. § 400, that plaintiff does not infringe Smalley No. 1,850,853 and that the patent is invalid. Controversy exists because defendant sued one of plaintiff's customers for infringement in the District of Columbia. Defendant in addition to its charge of infringement relies on three special defenses, two of which are in the nature of estoppel and the third license.

The first defense...

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