Legal Opinion
Kwik-Set, Inc. v. Welch Grape Juice Co.
District Court, W.D. New York
Decided March 20, 1936No. 1870PublishedCited by 4 opinions
1Opinion of the Court
KNIGHT, District Judge.
This is a suit for infringement of patent No. 1,646,157, issued to Herbert T. Leo October 18, 1927, for a “Dry Powdered Jelly Base Containing Pectin and Sugar.”' Plaintiff is the owner of the patent in *138suit. Defendant sells a dry powder jelly base under the name “Welch’s Powdered Jel-Aid.” It is this product which is claimed to infringe.
The patent includes four claims. Each is directed to a jelly base. The specifications recite that “an object of the invention is to provide a convenient and quick method for making jelly and to eliminate any guesswork in the use of…
2Cases cited21 opinions
- Diamond Rubber Co. of New York v. Consolidated Rubber Tire Co.Supreme Court of the United States · 1911
- Smith v. Goodyear Dental Vulcanite Co.Supreme Court of the United States · 1877
- Hobbs v. BeachSupreme Court of the United States · 1901
- Holland Furniture Co. v. Perkins Glue Co.Supreme Court of the United States · 1928
- Lehnbeuter v. HolthausSupreme Court of the United States · 1882
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3Cited by4 opinions
- Kwik Set, Inc. v. Welch Grape Juice Co.Court of Appeals for the Second Circuit · 1936
- Caterpillar Tractor Co. v. International Harvester Co.District Court, D. New Jersey · 1940
- American Lecithin Co. v. J. C. Ferguson Mfg. Works, Inc.District Court, D. Rhode Island · 1937
- Dykema v. Liggett Drug Co.District Court, W.D. New York · 1937