MERCER, District Judge.
The complaint herein raises the issues of validity and infringement of a patent. The defendant has filed an answer and a counterclaim in which defendant seeks a declaratory judgment that the patent in suit is invalid and not infringed. Plaintiff has filed a motion to dismiss the counterclaim.
Barron and Holtzoff in Federal Procedure and Practice, Rules Edition, Section 400, pp. 818 and 819 states:
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.