Agrashell, Inc. v. Bernard Sirotta Co.

WATERMAN, Circuit Judge:

Defendants (hereinafter Sirotta), residents of New York constituting a New York partnership, bought cracked black walnut shells from the third-party defendant (hereinafter Hammons), a Missouri corporation operating under the slogan, “Our Black Walnut Goodies Are Just What They’re Cracked-Up To Be.” When Sirotta resold the goods, plaintiff (hereinafter Agrashell), a Delaware corporation, brought suit in the United States District Court for the Eastern District of New York, alleging that Si-rotta had infringed Agrashell’s patent rights. Sirotta, by leave of the court…