SHIELDS-JETCO, INC. v. TORTI

Civ. A. No. 3904.

314 F.Supp. 1292 (1970)

SHIELDS-JETCO, INC., Jetco, Inc. and Tulsa-Jetco, Inc. v. Emanuel TORTI.

United States District Court, D. Rhode Island.

July 15, 1970.


Attorney(s) appearing for the Case

Thomas D. Gidley, of Hinckley, Allen, Salisbury & Parsons, Providence, R. I., Thomas A. Harwood, of Kanz, Glaser & Harwood, John Feather, of Stroud & Smith, Pat McDowell, of Maloney, Milner & McDowell, Dallas, Tex., for plaintiffs.

Elliot A. Salter, and Leonard Michaelson, of Salter & Michaelson, Providence, R. I., for defendant.


OPINION

PETTINE, District Judge.

This is an action for declaratory judgment pursuant to 28 U.S.C. § 2201 seeking an adjudication of non-validity and non-infringement of defendant's patent and a finding of patent misuse. In denying misuse and invalidity, the defendant has counterclaimed for infringement, seeking an injunction and an accounting.

Jurisdiction of the court is based on 28 U.S.C. § 1338.

Shields-Jetco, Inc., is a Texas...

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