Swedlow, Inc., a Corporation v. Rohm & Haas Company, a Corporation
Opinion
Opinion
I
We adopt the opinion of District Judge Pregerson as follows:
“Plaintiff filed the complaint in this action on November 20, 1969. It seeks declaratory relief against threatened infringement of plaintiff’s United States Letters Patent Nos. 3,371,883 and 3,376,371. The complaint alleges that a plant now being built by the defendant in Louisville, Kentucky, will employ the inventions claimed in these patents and will infringe the same when placed in operation. Plaintiff also seeks an injunction giving effect to the declaratory relief sought and enjoining the completion of said plant.
The patents involved herein pertain to an apparatus and a process for the continuous casting of acrylic plastic sheets.
Defendant filed this motion to dismiss on January 23, 1970, and, in addition, sought an injunction enjoining plaintiff from filing or threatening to file further suits against defendant on these same patents in this or any other district unless and until defendant is actually conducting a commercial operation for the continuous production of plastic sheets which plaintiff has reason to believe infringe either or both of the plaintiff’s patents.