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WALLACE PRODUCTS v. FALCO PRODUCTS

No. 12063.

242 F.2d 958 (1957)

WALLACE PRODUCTS, Inc. v. FALCO PRODUCTS, Inc., Charles Shore and Morton Shore, Appellants.

United States Court of Appeals Third Circuit.

Decided March 29, 1957.

Attorney(s) appearing for the Case

Max R. Millman, Philadelphia, Pa. (Caesar & Rivise, Philadelphia, Pa., on the brief), A. D. Caesar, David M. Hass, Bernard S. Ochman, Philadelphia, Pa., for defendants-appellants.

Arthur H. Seidel, Philadelphia, Pa. (Maximillian J. Klinger, Theodore R. Mann, Philadelphia, Pa., on the brief), for appellee.

Before GOODRICH and HASTIE, Circuit Judges, and McILVAINE, District Judge.

PER CURIAM.

The appellee in this case moves to dismiss the appellants' appeal for want of jurisdiction in this court. The plaintiff's action in district court was for a declaratory judgment of invalidity and non-infringement by it of two patents owned by the defendant, Falco. The defendants moved to dismiss the complaint so far as it related to a patent numbered 2,743,979. The reason assigned for the motion was that there existed no actual controversy as to the patent...

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