Owens

On motion for summary judgment, the district court dismissed appellant’s amended complaint which sought first a declaration that a patent of appellee was either invalid or not infringed by appellant’s structures and second, an injunction to restrain certain proceedings involving the patent in the Superior Court of the State of California. This appeal followed.

The complaint and documents supporting the motion for summary judgment were before the district court. They reveal the theory and circumstances of this action and the history of prior litigation between the parties. The patent in suit, No. 2,089,412, was issued to the appellee Owens in 1937 for “Improvement in Vinegar Generator”. In the early 1940’s, the appellant corporation, H. J. Heinz Company, hereinafter denominated Heinz, relying on a purported license from Owens, built and used certain structures. Owens sued Heinz in the Superior Court of California alleging, among other things, that the purported license was fraudulently obtained and invalid, and that Heinz was then unlawfully operating and threatening to build and operate in the future vinegar generators covered by the Owens patent. Owens prayed for declaratory and…