Kemart Corporation, a Corporation v. Printing Arts Research Laboratories, Inc., a Corporation

PART I

This long-drawn-out litigation was launched by the filing of an action in the lower court on November 23, 1948, by Kemart Corporation, a California corporation (hereafter referred to as appellant or Kemart). Its action was in form a petition in which it prayed (1) for a declaratory judgment or decree declaring that it had the right to continue to manufacture, use, sell and license a (so-called) “Kemart Process” (which “process” it controlled under a license from the original patentees thereof whose (two) patents had been granted in 1946) without any threats of infringement or any interference whatever by or from appellee Printing Arts Research Laboratories, Inc., a Delaware corporation (hereafter referred to as appellee or Printing Arts), or its successors; (2) a declaratory judgment adjudging that both of the Printing Arts patents are invalid and void at law, and that neither of them nor any claim thereof, has been infringed by the “Kemart Process” or any of the devices, materials, equipment or supplies used to practice the “Kemart Process” which are now or were heretofore made, sold or licensed, and offered for license or sale by Kemart; (3) for judgment for Kemart’s…