Solenoid Devices, Inc. v. Ledex, Inc.

Solenoid filed a complaint for a declaratory judgment under 28 U.S.C. § 2201 .

Solenoid Devices manufactures and sells a rotary solenoid, an electric magnetic device. Ledex, Inc., as owner of a solenoid patent contends the product of Solenoid Devices infringes its patent. But here, in the vernacular, the record indicates that the dispute has gone no further than the “jawbone” stage which occurred during negotiations by Ledex to buy assets of Solenoid.

Upon receipt of the plaintiff’s complaint, without waiting for an answer, the district court entered an order of dismissal. Then Solenoid Devices moved for a hearing and got it. After the hearing the district court affirmed its previous order, resting it upon “no real controversy” and upon its power to refuse to take a declaratory' action. Upon this appeal, we affirm.

28 U.S.C. § 2201 reads as follows:

Of course, there must be an actual controversy to get subject matter jurisdiction. Here that would probably mean a controversy appropriate for decision, not a question of naked power such as would be involved in a federal court attempting to grant a divorce.

The banter between the parties, short of a threat to file a suit or…