Milton G. Waldbaum Co. v. Roberts Dairy Co. (325 F. Supp. 772, 1971)

MEMORANDUM

RICHARD E. ROBINSON, Chief Judge.

This matter comes before the Court on the motion of defendant to dismiss [Filing #7] and on the motion of plaintiff to join an additional party defendant [Filing #13].

In his amended petition plaintiff seeks a declaratory judgment that United States Letters Patent Nos. 3,093,487 and 3,113,872 [hereinafter these patents will be referred to respectively as Patent ’487 and Patent ’872] have not been infringed by plaintiff and are invalid and are not enforceable and further a finding that defendant is guilty of patent misuse. Jurisdiction is founded on 28 U.S.C. §§ 1338 and 2201 and the Sherman Act.

In 1966