District Court, D. Delaware March 12, 1947, Civil Action No. 872 (Federal Telephone & Radio Corp. v. Associated Telephone & Telegraph Co.)

RODNEY, District Judge.

This is an action seeking a declaratory judgment of invalidity of certain patents of the defendants and alleging non-infringement thereof by the plaintiff.

The defendants have filed a motion to dismiss the complaint upon the ground that no actual controversy existed at the time the complaint was filed.