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ALLEGHENY DROP FORGE COMPANY v. PORTEC, INC.

Civ. A. No. 72-558.

370 F.Supp. 673 (1974)

ALLEGHENY DROP FORGE COMPANY, Plaintiff, v. PORTEC, INC., Defendant.

United States District Court, W. D. Pennsylvania.

February 14, 1974.

Attorney(s) appearing for the Case

John L. Spiegel, Plowman & Spiegel, Stanley J. Price, Jr., Pittsburgh, Pa., for plaintiff.

Hyman F. Glass, Alexandria, Va., J. Paul Martha, Reed, Smith, Shaw & McClay, Pittsburgh, Pa., for defendant.

OPINION

DUMBAULD, District Judge.

Plaintiff's complaint seeks a declaratory judgment (under 28 U.S.C. § 2201) that two patents of which defendant is exclusive licensee are invalid. The Court has jurisdiction of actions relating to patents under 28 U.S.C. § 1338(a), and the technique of seeking a declaratory judgment of invalidity rather than awaiting an infringement suit by defendant is a recognized procedure. Dewey & Almy Chemical Co. v. Anode...

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