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ALTVATER V. FREEMAN, 319 U. S. 359 (1943)

U.S. Supreme Court

Altvater v. Freeman, 319 U.S. 359 (1943)

Altvater v. Freeman

No. 696

Argued April 19, 1943

Decided May 24, 1943

319 U.S. 359


1. The issue of validity may be raised by a counterclaim in a suit for infringement of a patent. P. 319 U. S. 363.

2. The requirements as to the existence of a case or controversy in suits in the federal courts are no less strict in suits under the Declaratory Judgments Act than in others. P. 319 U. S. 363.

3. The requirements as to the existence of a case or controversy are met where payment of a claim is demanded as of right and payment is made, but where a right to recover the amount paid or to challenge the legality of the claim is preserved by the coercive nature of the exaction. P. 319 U. S. 365.

4. Although the decision of noninfringement of the patent disposed of he bill and answer in this suit, it did not dispose of the counterclaim, which raised the question of the validity of the patent, and the Circuit Court of Appeals erred in treating the issues raised by the counterclaim as moot. Pp. 319 U. S. 363, 319 U. S. 365.

130 F.2d 763 reversed.

Certiorari, 318 U.S. 750, to review a decree which modified and affirmed a decree dismissing the bill and granting the prayer of a counterclaim in a patent case.

Page 319 U. S. 360

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