Court of Appeals for the Sixth Circuit January 5, 1966, 16115 (Popcorn-In-Oil Council, Inc. v. Wyndall's Super Market, Inc., and Hesmer Foods, Inc., Intervener)

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EDWARDS, Circuit Judge.

In this case the plaintiff-appellant, Popeorn-in-Oil Council, Inc., has sought the aid of the United States Courts, under 35 U.S.C. § 271 and § 281, to restrain infringement of a patent. The original and intervening defendants entered formal denial of infringement and counterclaimed, under 28 U.S.C. § 2201, seeking damages and attacking the validity of the patent.