JONES, Chief Judge.
Plaintiff has brought suit against defendant for a declaratory judgment by this court as to the validity of a patent issued to defendant, known as the Lockwood patent No. 2,706,422, and whether the use by plaintiff of the method covered by said patent is an act of infringement.
Defendant moves the court to dismiss the action, or for summary judgment, or in the alternative, for a preliminary hearing upon the grounds that "* * * a) this court...
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