Legal Opinion
Musher Foundation, Inc. v. Alba Trading Co.
Court of Appeals for the Second Circuit
Decided July 18, 1945No. 338PublishedCited by 31 opinions
1Opinion of the Court
L. HAND, Circuit Judge.
The plaintiff appeals from a judgment dismissing its complaint for the infringement of the two claims of Patent No. 2,221,404, granted to the plaintiff on November 12, 1940, upon the application of Sidney Musher. The defendant did not put in any evidence of the prior art, but relied upon two points: that it did not infringe Claim One and that Claim Two was invalid for indefiniteness. The disclosure is for a process of making an imitation olive oil by infusing a “glyceride” oil — such as cottonseed, or corn, oil — with a “macerated” paste made from dried olives: the…
2Cases cited11 opinions
- Eibel Process Co. v. Minnesota & Ontario Paper Co.Supreme Court of the United States · 1923
- Sanitary Refrigerator Co. v. WintersSupreme Court of the United States · 1929
- General Electric Co. v. Wabash Appliance Corp.Supreme Court of the United States · 1938
- Schriber-Schroth Co. v. Cleveland Trust Co.Supreme Court of the United States · 1940
- Smith v. SnowSupreme Court of the United States · 1935
6 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Georgia-Pacific Corporation v. United States Plywood CorporationCourt of Appeals for the Second Circuit · 1958
- Astrazeneca Ab, Aktiebolaget Hassle, Kbi-E, Inc., Kbi, Inc., and Astrazeneca Lp v. Mutual Pharmaceutical Company, Inc.Court of Appeals for the Federal Circuit · 2004
- Royal Typewriter Co. v. Remington Rand, Inc.Court of Appeals for the Second Circuit · 1948
- Libbey-Owens-Ford Glass Co. v. Sylvania Industrial Corp.Court of Appeals for the Second Circuit · 1946
- American Safety Table Co. v. SchreiberCourt of Appeals for the Second Circuit · 1959
26 more not listed; retrieve them via the Exa API.