Everlube Corp. of America v. Electrofilm, Inc.

By its complaint plaintiff seeks a declaratory judgment of invalidity and non-infringement of Patent No. 2,703,768, dated March 8, 1955, owned by the defendant ( 28 U.S.C.A. § 2201 ) and damages for unfair competition ( 28 U.S.C.A. § 1338 (b))

The defendants in their Answer ask for a declaration of validity and by cross claim, charge infringement and unfair competition and ask injunctive relief and damages.

The patent in suit is denominated “Dry Lubrication Process and Product.” The object of the invention is stated in the specifications in this manner:

At the trial of the case, the issues were reduced to two: (1) validity of the patent and (2) infringement.

In determining the matter, it is well to consider generally the grounds of invalidity alleged in the complaint. The complaint, after alleging the claim of the plaintiff that the patent is invalid and the contrary contention of the defendants and their notice to the plaintiff that .they are infringing, states .generally that the Letters Patent and each of the claims thereof are invalid because

More specifically, it is stated that

We consider first the question whether the patent was anticipated in the prior patented art.…